First Regular Session of the 121st General Assembly (2019)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the IndianaConstitution) is being amended, the text of the existing provision will appear in this style type,additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutionalprovision adopted), the text of the new provision will appear in this style type. Also, theword NEW will appear in that style type in the introductory clause of each SECTION that addsa new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflictsbetween statutes enacted by the 2018 Regular and Special Session of the General Assembly.

HOUSE ENROLLED ACT No. 1269

AN ACT to amend the Indiana Code concerning professions andoccupations.

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 5-14-3-4.4, AS ADDED BY P.L.248-2013,SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 4.4. (a) This section applies to a request for arecord that the public agency considers to be excepted from disclosureunder section 4(b)(1) or 4(b)(25) of this chapter. The public agencymay do either of the following:

(1) Deny disclosure of the record or a part of the record. Theperson requesting the information may appeal the denial undersection 9 of this chapter.(2) Refuse to confirm or deny the existence of the record,regardless of whether the record exists or does not exist, if the factof the record's existence or nonexistence would reveal informationthat would:

(A) impede or compromise an ongoing law enforcementinvestigation or result in danger to an individual's safety,including the safety of a law enforcement officer or aconfidential source; or(B) reveal information that would have a reasonable likelihoodof threatening public safety.

(b) This subsection applies to a request for a record that the publicagency considers to be excepted from disclosure under section 4(b)(19)of this chapter. The agency may consult with the counterterrorism and

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security council established by IC 10-19-8-1 governor's securitycouncil established by IC 10-19-8.1-2 in formulating a response. Thepublic agency may do either of the following:

(1) Deny disclosure of the record or a part of the record. Theagency or the counterterrorism and security council shall providea general description of the record being withheld and of howdisclosure of the record would have a reasonable likelihood ofthreatening public safety by exposing a vulnerability to terroristattack. The person requesting the information may appeal thedenial under section 9 of this chapter.(2) Refuse to confirm or deny the existence of the recordregardless of whether the record exists or does not exist, if the factof the record's existence or nonexistence would reveal informationthat would have a reasonable likelihood of threatening publicsafety.

(c) If a public agency does not respond to a request for a recordunder this section:

(1) within twenty-four (24) hours of receiving the request for arecord from a person who:

(A) is physically present in the agency office;(B) makes the request by telephone; or(C) requests enhanced access to a document; or

(2) within seven (7) days of receiving the request for a recordmade by mail or facsimile;

the request for the record is deemed denied. The person requesting theinformation may appeal the denial under section 9 of this chapter.

(d) If a public agency refuses to confirm or deny the existence of arecord under this section, the name and title or position of the personresponsible for the refusal shall be given to the person making therecords request.

(e) A person who has received a refusal from an agency to confirmor deny the existence of a record may file an action in the circuit orsuperior court of the county in which the response was received:

(1) to compel the public agency to confirm whether the recordexists or does not exist; and(2) if the public agency confirms that the record exists, to compelthe agency to permit the person to inspect and copy the record.

(f) The court shall determine the matter de novo, with the burden ofproof on the public agency to sustain its refusal to confirm or deny theexistence of the record. The public agency meets its burden of proof byfiling a public affidavit with the court that provides with reasonablespecificity of detail, and not simply conclusory statements, the basis of

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the agency's claim that it cannot be required to confirm or deny theexistence of the requested record. If the public agency meets its burdenof proof, the burden of proof shifts to the person requesting access tothe record. The person requesting access to the record meets theperson's burden of proof by proving any of the following:

(1) The agency's justifications for not confirming the existence ofthe record contradict other evidence in the trial record.(2) The agency is withholding the record in bad faith.(3) An official with authority to speak for the agency hasacknowledged to the public in a documented disclosure that therecord exists. The person requesting the record must prove thatthe information requested:

(A) is as specific as the information previously disclosed; and(B) matches the previously disclosed information.

(g) Either party may make an interlocutory appeal of the trial court'sdetermination on whether the agency's refusal to confirm or deny theexistence of the record was proper.

(h) If the court, after the disposition of any interlocutory appeals,finds that the agency's refusal to confirm or deny was improper, thecourt shall order the agency to disclose whether the record exists ordoes not exist. If the record exists and the agency claims that the recordis exempt from disclosure under this chapter, the court may review thepublic record in camera to determine whether any part of the recordmay be withheld.

(i) In an action filed under this section, the court shall awardreasonable attorney's fees, court costs, and other reasonable expensesof litigation to the prevailing party if:

(1) the plaintiff substantially prevails; or(2) the defendant substantially prevails and the court finds theaction was frivolous or vexatious.

A plaintiff is eligible for the awarding of attorney's fees, court costs,and other reasonable expenses regardless of whether the plaintiff filedthe action without first seeking and receiving an informal inquiryresponse or advisory opinion from the public access counselor.

(j) A court that hears an action under this section may not assess acivil penalty under section 9.5 of this chapter in connection with theaction.

SECTION 2. IC 5-22-10-4, AS AMENDED BY P.L.22-2005,SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 4. (a) A purchasing agent may make a specialpurchase when there exists, under emergency conditions, a threat topublic health, welfare, or safety.

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(b) The counterterrorism and security council established byIC 10-19-8-1 governor's security council established byIC 10-19-8.1-2 may make a purchase under this section to preservesecurity or act in an emergency as determined by the governor.

SECTION 3. IC 9-31-3-19, AS AMENDED BY P.L.179-2017,SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 19. (a) A dealer licensed by the secretary of stateunder IC 9-32-8-2 may, upon application to the secretary of state,obtain a dealer plate and registration card for use in the testing ordemonstrating of motorboats. Two (2) dealer plates must be displayedwithin a motorboat that is being tested or demonstrated while themotorboat is being tested or demonstrated.

(b) A transfer dealer or automobile auction company licensed underIC 9-32 may request dealer plates under subsection (a).

(c) The fee to obtain a dealer plate and registration card undersubsection (a) is ten dollars ($10). The secretary of state may retain thefee.

SECTION 4. IC 9-32-2-4, AS AMENDED BY P.L.179-2017,SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 4. "Automobile auction company" means aperson whose primary business consists of arranging, managing,sponsoring, advertising, hosting, carrying out, or otherwise facilitatingthe auction of more than three (3) motor vehicles or watercraft on thebasis of bids by persons acting for themselves or others, within a twelve(12) month period. The term includes a place of business or facilitiesprovided by an auctioneer as part of the business of the auctioneer forthe purchase and sale of motor vehicles or watercraft on the basis ofbids by persons acting for themselves or others. The term does notinclude a person acting only as an auctioneer under IC 25-6.1-1.

SECTION 5. IC 9-32-11-1, AS AMENDED BY P.L.137-2018,SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 1. (a) Subject to IC 9-32-11-20, the followingpersons must be licensed under this article to engage in the business ofbuying, selling, or manufacturing motor vehicles:

(1) An automobile auction company.(2) A converter manufacturer.(3) A dealer.(4) A distributor.(5) An automotive salvage recycler.(6) A watercraft dealer.(7) A manufacturer.(8) A transfer dealer.

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(9) An automotive mobility dealer.(10) A manufactured home dealer.

The persons listed in this subsection are the only persons eligible fora license under this article.

(b) After January 1, 2018, an automotive mobility dealer must holdan automotive mobility dealer endorsement issued under this article.

(c) After January 1, 2018, an automotive mobility dealer that failsto be licensed and hold an automotive mobility dealer endorsementunder this article, and engages in the business of:

(1) selling;(2) installing;(3) servicing; or(4) soliciting or advertising the sale, installation, or servicing of;

equipment or modifications specifically designed to facilitate use oroperation of a motor vehicle or watercraft by an individual who isdisabled or aged commits a Class A infraction.

SECTION 6. IC 10-13-7 IS REPEALED [EFFECTIVE JULY 1,2019]. (Emergency Alert System Advisory Committee).

SECTION 7. IC 10-19-1-2, AS ADDED BY P.L.22-2005,SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. "Council" refers to the counterterrorism andsecurity council established by IC 10-19-8-1. governor's securitycouncil established by IC 10-19-8.1-2.

SECTION 8. IC 10-19-3-7, AS AMENDED BY P.L.142-2013,SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 7. (a) Except as provided in this section, forpurposes of IC 4-22-2, the executive director is the authority thatadopts rules for the department.

(b) The Indiana emergency medical services commission is theauthority that adopts rules under IC 16-31.

(c) Except as provided in subsection (e) or (f), The fire preventionand building safety commission is the authority that adopts rules underany of the following:

(1) IC 22-11.(2) IC 22-12.(3) IC 22-13.(4) IC 22-14.(5) IC 22-15.

(d) The board of firefighting personnel standards and education isthe authority that adopts rules under IC 22-14-2-7(c)(7) andIC 36-8-10.5.

(e) The boiler and pressure vessel rules board established by

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IC 22-12-4-1 is the authority that adopts:(1) emergency rules under IC 22-13-2-8(c); and(2) rules under IC 22-15-6.

(f) The regulated amusement device safety board established byIC 22-12-4.5-2 is the authority that adopts rules under IC 22-15-7.

(g) (e) The executive director may adopt rules governing:(1) emergency action plans; or(2) emergency response plans;

for outdoor performances (as defined in IC 22-12-1-17.5) whereoutdoor event equipment (as defined in IC 22-12-1-17.7) is used.

SECTION 9. IC 10-19-8 IS REPEALED [EFFECTIVE JULY 1,2019]. (Counterterrorism and Security Council).

SECTION 10. IC 10-19-8.1 IS ADDED TO THE INDIANA CODEAS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]:

Chapter 8.1. Governor's Security CouncilSec. 1. As used in this chapter, "fusion center" means the

Indiana intelligence fusion center established by IC 10-11-9-2.Sec. 2. The governor's security council is established.Sec. 3. (a) The council consists of the following members:

(1) The governor or the governor's designee.(2) The executive director.(3) The superintendent of the state police department.(4) The adjutant general.(5) The state health commissioner.(6) The commissioner of the department of environmentalmanagement.(7) The chairman of the Indiana utility regulatorycommission.(8) The director of the department of natural resources or, ifdesignated by the director, the deputy director who managesthe bureau of law enforcement and administration.(9) The chief information officer of the office of technology.(10) The speaker of the house of representatives or thespeaker's designee.(11) The president pro tempore of the senate or the presidentpro tempore's designee.(12) The minority leader of the house of representatives or theminority leader's designee.(13) The minority leader of the senate or the minority leader'sdesignee.

(b) The members of the council described in subsection (a)(10)

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through (a)(13) are nonvoting members.Sec. 4. (a) The expenses of the council shall be paid from

appropriations made by the general assembly.(b) Money received by the council as a grant or a gift is

appropriated for the purposes of the grant or the gift.Sec. 5. (a) Each member of the council who is not a state

employee is not entitled to the minimum salary per diem providedby IC 4-10-11-2.1(b). The member is, however, entitled toreimbursement for travel expenses as provided in IC 4-13-1-4 andother expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures establishedby the Indiana department of administration and approved by thebudget agency.

(b) Each member of the council who is a state employee but whois not a member of the general assembly is entitled toreimbursement for travel expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with themember's duties as provided in the state policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.

(c) Each member of the council who is a member of the generalassembly is entitled to receive the same per diem, mileage, andtravel allowances paid to legislative members of interim studycommittees established by the legislative council. Per diem,mileage, and travel allowances paid under this subsection shall bepaid from appropriations made to the legislative council or thelegislative services agency.

Sec. 6. The council may meet as often as is necessary upon thecall of the chairperson, but meetings shall be held at least once percalendar year.

Sec. 7. The affirmative votes of a majority of the votingmembers of the council are required for the council to take actionon any measure, including final reports.

Sec. 8. The governor or governor's designee shall serve as thechairperson of the council.

Sec. 9. (a) The council shall do the following:(1) Meet, as often as necessary, to discuss immediate oremerging threats that could impact the safety and security ofthe state and its residents.(2) Review the state's counterterrorism plan developed by thedepartment and provide recommendations to enhance thestate's capacity to prevent and respond to terrorism.

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(3) Review the state's hazard mitigation plan developed by thedepartment and provide recommendations to enhance thestate's resiliency for manmade and natural disasters.

(b) The council may create ad hoc advisory groups, task forces,or subcommittees to assist the council with its responsibilities.Persons appointed to advisory groups, task forces, orsubcommittees serve for terms as determined by the council.

Sec. 10. (a) The council may receive confidential lawenforcement information from the state police department, theFederal Bureau of Investigation, or other federal, state, or locallaw enforcement agencies.

(b) For purposes of IC 5-14-1.5 and IC 5-14-3, informationreceived under subsection (a) is confidential.

Sec. 11. All state agencies shall cooperate to the fullest extentpossible with the council and the executive director to implementthis chapter.

Sec. 12. (a) On July 1, 2019, all powers, duties, agreements, andliabilities of the counterterrorism and security council aretransferred to the council, as the successor agency.

(b) On July 1, 2019, all records and property of thecounterterrorism and security council, including appropriationsand other funds under the control or supervision of thecounterterrorism and security council, are transferred to thecouncil, as the successor agency.

(c) After June 30, 2019, any amounts owed to thecounterterrorism and security council before July 1, 2019, areconsidered to be owed to the council, as the successor agency.

(d) After June 30, 2019, a reference to the counterterrorism andsecurity council in a statute, rule, or other document is considereda reference to the council, as the successor agency.

SECTION 11. IC 16-31-2-10 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 10. (a) In adopting rules concerning the duties of thecommission, the commission shall appoint a technical advisorycommittee.

(b) Members of the technical advisory committee shall be selectedby the commission subject to the approval of the governor on the basisof technical expertise and competency in the specific area ofemergency medical service concerned.

(c) Each member of a technical advisory committee who is not astate employee is entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is also entitled to reimbursement fortraveling expenses as provided under IC 4-13-1-4 and other expenses

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actually incurred in connection with the member's duties as providedin the state policies and procedures established by the Indianadepartment of administration and approved by the budget agency.

(d) Each member of a technical advisory committee who is a stateemployee but who is not a member of the general assembly is entitledto reimbursement for traveling expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.

SECTION 12. IC 16-31-3-5, AS AMENDED BY P.L.77-2012,SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 5. (a) The commission department of homelandsecurity shall waive any rule adopted by the commission under thisarticle for a person who provides emergency ambulance service, anemergency medical technician, an advanced emergency medicaltechnician, a paramedic, or an ambulance when operating from alocation in an adjoining state by contract with an Indiana unit ofgovernment to provide emergency ambulance or medical services topatients who are picked up or treated in Indiana.

(b) The commission department of homeland security may waiveany rule, including a rule establishing a fee adopted by thecommission under this article, for a person who submits factsdemonstrating that:

(1) compliance with the rule will impose an undue hardship onthe person; and(2) either:

(A) noncompliance with the rule; or(B) compliance with an alternative requirement approved bythe commission; department of homeland security;

will not jeopardize the quality of patient care. However, thecommission department of homeland security may not waive arule that sets forth educational requirements for a personregulated under this article.

(c) A waiver granted under subsection (b)(2)(B) is conditioned uponcompliance with the alternative requirement approved under subsection(b).

(d) The commission department of homeland security shallestablish an expiration date for any waiver that is granted.

(e) The commission department of homeland security may renewa waiver if the person makes the same demonstration required for theoriginal waiver.

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(f) The commission is the ultimate authority for orders issuedunder this section.

SECTION 13. IC 22-12-1-25 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 25. "Rules board" refers to the boiler and pressure vesselrules board.

SECTION 14. IC 22-12-2-2, AS AMENDED BY P.L.22-2005,SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) The commission consists of eleven (11)members, nine (9) of whom shall be appointed by the governor.

(b) The term of a commission member is four (4) years.(c) The state health commissioner or the commissioner's designee

shall serve as a member of the commission, and the commissioner oflabor or the commissioner's designee shall serve as a member of thecommission.

(d) Each appointed member of the commission must have arecognized interest, knowledge, and experience in the field of fireprevention, fire protection, building safety, or other related matters.The governor shall consider appointing individuals to the commissionwith experience in the following:

(1) A paid fire department.(2) A volunteer fire department.(3) The field of fire insurance.(4) The fire service industry.(5) The manufactured housing industry.(6) The field of fire protection engineering.(7) As a professionally licensed engineer.(8) Building contracting.(9) The field of building one (1) and two (2) family dwellings.(10) As a professionally licensed architect.(11) The design or construction of heating, ventilating, airconditioning, or plumbing systems.(12) The design or construction of regulated lifting devices.(13) City, town, or county building inspection.(14) Regulated amusement devices.(15) Accessibility requirements and personal experience with adisability.(16) Underground and aboveground motor fuel storage tanks anddispensing systems.(17) The masonry trades.(18) Energy conservation codes and standards, including themanner in which energy conservation codes and standards applyto:

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(A) residential;(B) single and multiple family dwelling; or(C) commercial;

building codes.(19) The boiler and pressure vessel industry.

(e) Not more than five (5) of the appointed members of thecommission may be affiliated with the same political party.

SECTION 15. IC 22-12-2-9 IS ADDED TO THE INDIANA CODEAS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY1, 2019]: Sec. 9. (a) On July 1, 2019, all powers, duties, agreements,and liabilities of the boiler and pressure vessel rules board aretransferred to the commission, as the successor agency.

(b) On July 1, 2019, all records and property of the boiler andpressure vessel rules board, including appropriations and otherfunds under the control or supervision of the boiler and pressurevessel rules board, are transferred to the commission, as thesuccessor agency.

(c) After June 30, 2019, any amounts owed to the boiler andpressure vessel rules board before July 1, 2019, are considered tobe owed to the commission as the successor agency.

(d) After June 30, 2019, a reference to the boiler and pressurevessel rules board in a statute, rule, or other document isconsidered a reference to the commission, as the successor agency.

(e) Proceedings pending before the boiler and pressure vesselrules board on July 1, 2019, shall be transferred from the boilerand pressure vessel rules board to the commission and treated asif initiated by the commission.

(f) A license or permit issued by the boiler and pressure vesselrules board before July 1, 2019, shall be treated after June 30,2019, as a certification issued by the commission.

(g) The rules adopted by the boiler and pressure vessel rulesboard before July 1, 2019, concerning the boiler and pressurevessel industry are considered, after June 30, 2019, rules of thecommission.

SECTION 16. IC 22-12-2-10 IS ADDED TO THE INDIANACODE AS A NEW SECTION TO READ AS FOLLOWS[EFFECTIVE JULY 1, 2019]: Sec. 10. (a) On July 1, 2019, allpowers, duties, agreements, and liabilities of the regulatedamusement device safety board are transferred to the commission,as the successor agency.

(b) On July 1, 2019, all records and property of the regulatedamusement device safety board, including appropriations and

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other funds under the control or supervision of the regulatedamusement device safety board, are transferred to the commission,as the successor agency.

(c) After June 30, 2019, any amounts owed to the regulatedamusement device safety board before July 1, 2019, are consideredto be owed to the commission as the successor agency.

(d) After June 30, 2019, a reference to the regulated amusementdevice safety board in a statute, rule, or other document isconsidered a reference to the commission, as the successor agency.

(e) Proceedings pending before the regulated amusement devicesafety board on July 1, 2019, shall be transferred from theregulated amusement device safety board to the commission andtreated as if initiated by the commission.

(f) The rules adopted by the regulated amusement device safetyboard before July 1, 2019, concerning regulated amusement devicesafety are considered, after June 30, 2019, rules of the commission.

SECTION 17. IC 22-12-4 IS REPEALED [EFFECTIVE JULY 1,2019]. (Boiler and Pressure Vessel Rules Board).

SECTION 18. IC 22-12-4.5 IS REPEALED [EFFECTIVE JULY 1,2019]. (Regulated Amusement Device Safety Board).

SECTION 19. IC 22-12-6-1, AS AMENDED BY P.L.101-2006,SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 1. (a) The fire and building services fund isestablished for the purpose of defraying the personal services, otheroperating expense, and capital outlay of the following:

(1) The department.(2) The education board. and the rules board.(3) The commission.

(b) The fund shall be administered by the department. Moneycollected for deposit in the fund shall be deposited at least monthlywith the treasurer of state.

(c) The treasurer of state shall deposit the following collectedamounts in the fund:

(1) Fire insurance policy premium taxes assessed under section 5of this chapter.(2) Except as provided in section 6(d) of this chapter, all feescollected under this chapter.(3) Any money not otherwise described in this subsection butcollected by the division of fire and building safety.(4) Any money not otherwise described in this subsection butcollected by the department, commission, or education board orrules board and designated for distribution to the fund by statute

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or the executive director of the department.(5) A fee collected by the education board for the issuance of acertification under IC 22-14-2-7.

(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested.

(e) Money in the fund at the end of a fiscal year does not revert tothe state general fund.

SECTION 20. IC 22-12-6-15, AS AMENDED BY P.L.1-2010,SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 15. (a) As used in this section, "credit card" meansa bank card, debit card, charge card, prepaid card, or other similardevice used for payment.

(b) In addition to other methods of payment allowed by law, thedepartment may accept payment by credit card for certifications,licenses, and fees, and other amounts payable to the following:

(1) The department.(2) The division of preparedness and training.(3) The fire prevention and building safety commission.(4) The regulated amusement device safety board.(5) The boiler and pressure vessel rules board.(6) (4) The Indiana homeland security foundation.(7) (5) The division of fire and building safety.

(c) The department may enter into appropriate agreements withbanks or other organizations authorized to do business in Indiana toenable the department to accept payment by credit card.

(d) The department may recognize net amounts remitted by the bankor other organization as payment in full of amounts due the department.

(e) The department may pay any applicable credit card servicecharge or fee.

SECTION 21. IC 22-12-7-1 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 1. This chapter appliesto the commission, the education board, the rules board, and everyofficer, employee, and agent of an office or division within thedepartment whenever the person has authority to administer or enforcea law.

SECTION 22. IC 22-12-7-11 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 11. (a) An order issued by the rules board may beappealed to the commission under IC 4-21.5-3-7.

(b) If an order is appealed, the commission or its designee shallconduct all administrative proceedings under IC 4-21.5. In itsproceedings, the commission may modify the order or reverse the

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order.SECTION 23. IC 22-13-2-8, AS AMENDED BY P.L.123-2006,

SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 8. (a) The commission shall adopt rules underIC 4-22-2 to create equipment laws applicable to regulated liftingdevices.

(b) Except as provided in subsection (c), subject to the approval ofthe commission, the rules board The commission shall adopt rulesunder IC 4-22-2 to create equipment laws applicable to regulatedboilers and pressure vessels.

(c) Subject to the approval of the commission, the rules board Thecommission may adopt emergency rules under IC 4-22-2-37.1 only toadopt by reference all or part of the following national boiler andpressure vessel codes:

(1) The American Society of Mechanical Engineers Boiler andPressure Vessel Code.(2) The National Board of Boiler and Pressure Vessel InspectorsInspection Code.(3) The American Petroleum Institute 510 Pressure VesselInspection Code.(4) Any subsequent editions of the codes listed in subdivisions (1)through (3).

(d) An emergency rule adopted under subsection (c) expires on theearlier of the following dates:

(1) Not more than two (2) years after the emergency rule isaccepted for filing with the publisher of the Indiana Register.(2) The date a permanent rule is adopted under IC 4-22-2.

(e) Subject to the approval of the commission, the regulatedamusement device safety board established under IC 22-12-4.5 Thecommission shall adopt rules under IC 4-22-2 to create equipment lawsapplicable to regulated amusement devices.

SECTION 24. IC 22-13-2-11 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 11. (a) Thedepartment or the commission the rules board, or the regulatedamusement device safety board established by IC 22-12-4.5-2 maygrant a variance to a any rule that it has adopted by the commission.However, the commission may grant a variance under this sectiononly if the department places the application for the variance onthe commission's agenda.

(b) To qualify for a variance, an applicant must pay the fee set underIC 22-12-6-6 and submit file an application, on a form approved bythe department, that contains facts demonstrating that:

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(1) compliance with the rule will impose an undue hardship uponthe applicant or prevent the preservation of an architecturallysignificant or historically significant part of a building or otherstructure; and(2) either:

(A) noncompliance with the rule; or(B) compliance with an alternative requirement approved bythe body adopting the rule; considering the varianceapplication;

will not be adverse to the public health, safety, or welfare.(c) A variance granted under this section is conditioned upon

compliance with an alternative standard approved under subsection(b)(2)(B).

(d) A variance granted under this section takes precedence overconflicting rules adopted by a state agency and conflicting ordinancesand other regulations adopted by a political subdivision.

(e) Variances granted by the boiler and pressure vessel rulesboard and the regulated amusement device safety board prior toJuly 1, 2019, are valid and remain in full force and effect.

(f) The department shall make all variance applicationsavailable for review on a public portal.

(g) Local fire and building officials shall receive notice ofvariance applications filed under this section within theirrespective jurisdictions.

(h) A local fire official, local building official, or other interestedparty may submit documentation regarding a variance applicationto the department or commission for review and considerationprior to an initial determination being made on the application bythe department or the commission.

(i) The department or commission shall wait at least five (5)business days after a variance application is filed before making aninitial determination on the application.

(j) The commission may adopt emergency rules underIC 4-22-2-37.1 to implement this section. An emergency ruleadopted under this subsection expires not later than July 1, 2021.

SECTION 25. IC 22-13-2-11.5, AS ADDED BY P.L.107-2014,SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 11.5. (a) As used in this section, "NFPA 72" refersto NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,published by the National Fire Protection Association, 1 BatterymarchPark, Quincy, Massachusetts 02169-7471.

(b) It is the intent of the general assembly that NFPA 72, as may be

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amended by the commission under subsection (c), be incorporated intothe Indiana Administrative Code. Not later than July 1, 2014, thecommission shall adopt rules under IC 4-22-2 to amend 675IAC 28-1-28 to incorporate NFPA 72 into the Indiana AdministrativeCode, subject to subsection (c)(1) and (c)(2). The commission mayadopt emergency rules in the manner provided under IC 4-22-2-37.1 tocomply with this subsection. An emergency rule adopted by thecommission under IC 4-22-2-37.1 to comply with this subsectionexpires on the date a rule that supersedes the emergency rule is adoptedby the commission under IC 4-22-2-24 through IC 4-22-2-36.

(c) In adopting rules to incorporate NFPA 72 into the IndianaAdministrative Code, as required by subsection (b), the commissionmay amend NFPA 72 as the commission considers appropriate.However, the rules finally adopted by the commission to comply withthis section must do the following:

(1) Incorporate the definition of, and associated requirements for:(A) a managed facilities-based voice network (MFVN); and(B) a public switched telephone network (PSTN);

as set forth in NFPA 72.(2) Allow digital alarm communicator systems that make use ofa managed facilities-based voice network (MFVN) to transmitsignals from a fire alarm system to an offsite monitoring facility,subject to the requirements for those systems set forth in NFPA72.

(d) If the commission does not comply with subsection (b), thefollowing apply on July 1, 2014:

(1) The definition of, and associated requirements for:(A) a managed facilities-based voice network (MFVN); and(B) a public switched telephone network (PSTN);

as set forth in NFPA 72, are considered incorporated into theIndiana Administrative Code. Any provisions of 675 IAC 28-1-28(or any rules adopted by a state agency, or any ordinances or otherregulations adopted by a political subdivision) that conflict withthe definitions and requirements described in this subdivision aresuperseded by the definitions and requirements described in thissubdivision. This subdivision continues to apply until thecommission adopts rules that amend 675 IAC 28-1-28 toincorporate NFPA 72 into the Indiana Administrative Code andthat comply with subsection (c)(1) and (c)(2).(2) A person that after June 30, 2014, installs or uses a digitalalarm communicator system that:

(A) makes use of a managed facilities-based voice network

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(MFVN) to transmit signals from a fire alarm system to anoffsite monitoring facility; and(B) meets the requirements for such a system set forth inNFPA 72;

is not required to obtain a variance from the commission undersection 11 of this chapter for the installation or use.

SECTION 26. IC 22-13-2-14 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 14. The commission ordepartment may engage in studies and consult with any person toimplement this article, IC 22-12, IC 22-14, and IC 22-15.

SECTION 27. IC 22-13-2-14.1 IS ADDED TO THE INDIANACODE AS A NEW SECTION TO READ AS FOLLOWS[EFFECTIVE JULY 1, 2019]: Sec. 14.1. The commission mayconsult with industry experts or call a special meeting to discuss:

(1) boiler and pressure vessels; or(2) regulated amusement devices.

SECTION 28. IC 22-13-4-1 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 1. (a) The buildingrules adopted by the commission to govern new construction mustpromote the following:

(1) Safety.(2) Sanitary conditions.(3) Energy conservation.(4) Access by a person with a physical disability to Class 1structures.

(b) Rules that:(1) are adopted by the commission; or the rules board under thisarticle; and(2) are not covered by subsection (a);

must promote safety.SECTION 29. IC 22-13-5-4, AS AMENDED BY P.L.218-2014,

SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 4. (a) A written interpretation of a building law orfire safety law binds all counties and municipalities if the state buildingcommissioner publishes the written interpretation of the building lawor fire safety law in the Indiana Register under IC 4-22-7-7(b). Forpurposes of IC 4-22-7-7, a written interpretation of a building law orfire safety law published by the state building commissioner isconsidered adopted by an agency.

(b) A written interpretation of a building law or fire safety lawpublished under subsection (a) binds all counties and municipalitiesuntil the earlier of the following:

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(1) The general assembly enacts a statute that substantivelychanges the building law or fire safety law interpreted or voids thewritten interpretation.(2) The commission adopts a rule under IC 4-22-2 to state adifferent interpretation of the building law or fire safety law.(3) The written interpretation is found to be an erroneousinterpretation of the building law or fire safety law in a judicialproceeding.(4) The state building commissioner publishes a different writteninterpretation of the building law or fire safety law.

(c) The department or the state building commissioner may shallcreate an electronic data base for the purpose of cataloging all availablevariance rulings by the commission or the department for the purposeof making the information available to the public on the Internet website of the department or the state building commissioner.

SECTION 30. IC 22-14-2-7, AS AMENDED BY P.L.78-2013,SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 7. (a) This section does not limit the powers,rights, duties, and other responsibilities of municipal or countygovernments or impose requirements affecting pension laws or anyother laws.

(b) This section does not require a member of a fire department tobe certified.

(c) The education board may:(1) certify firefighting training and education programs that meetthe standards set by the education board;(2) certify fire department instructors who meet the qualificationsset by the education board;(3) direct research in the field of firefighting and fire preventionand accept gifts and grants to direct this research;(4) recommend curricula for advanced training courses andseminars in fire science or fire engineering training to public andprivate postsecondary educational institutions;(5) certify fire service personnel and nonfire service personnelwho meet the qualifications set by the education board;(6) require fire service personnel certified at any level to fulfillcontinuing education requirements in order to maintaincertification; or(7) contract or cooperate with any person and adopt rules underIC 4-22-2, including emergency rules in the manner providedunder IC 4-22-2-37.1 and as authorized under IC 36-8-10.5-7, tocarry out its responsibilities under this section. or

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(8) grant a variance to a rule the education board has adopted.(d) The education board may impose a reasonable fee for the

issuance of a certification described in subsection (c). The board shalldeposit the fee in the fire and building services fund established byIC 22-12-6-1.

SECTION 31. IC 22-14-2-7.5 IS ADDED TO THE INDIANACODE AS A NEW SECTION TO READ AS FOLLOWS[EFFECTIVE JULY 1, 2019]: Sec. 7.5. (a) The department maygrant a variance to a rule the education board has adopted.

(b) The education board is the ultimate authority for ordersissued under this section.

SECTION 32. IC 22-15-6-0.5 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 0.5. This chapterapplies to a regulated boiler and pressure vessel as set forth in rulesadopted by the rules board commission under IC 4-22-2.

SECTION 33. IC 22-15-6-1 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 1. Sections 2 through3 of this chapter do not apply to any regulated boiler or pressure vesselexempted by a rule adopted by the rules board commission underIC 4-22-2.

SECTION 34. IC 22-15-6-2, AS AMENDED BY P.L.86-2015,SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) The division shall conduct a program ofperiodic inspections of regulated boilers and pressure vessels.

(b) The division or a boiler and pressure vessel inspector actingunder section 4 of this chapter shall issue a regulated boiler andpressure vessel operating permit to an applicant who qualifies underthis section.

(c) Except as provided in subsection (f), a permit issued under thissection expires one (1) year after it is issued. The permit terminates ifit was issued by an insurance company acting under section 4 of thischapter and the applicant ceases to insure the boiler or pressure vesselcovered by the permit against loss by explosion with an insurancecompany authorized to do business in Indiana.

(d) To qualify for a permit or to renew a permit under this section,an applicant must do the following:

(1) Demonstrate through an inspection that the regulated boiler orpressure vessel covered by the application complies with the rulesadopted by the rules board. commission.(2) Pay the fee set under IC 22-12-6-6(a)(8).

(e) An inspection under subsection (d)(2) (d)(1) shall be conductedas follows:

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(1) An inspection for an initial permit shall be conducted by:(A) the division; or(B) an owner or user inspection agency.

(2) An inspection for a renewal permit shall be conducted by one(1) of the following:

(A) An insurance company inspection agency, if the vessel isinsured under a boiler and pressure vessel insurance policyand the renewal inspection is not conducted by an owner oruser inspection agency.(B) An owner or user inspection agency.(C) The division, if:

(i) the owner or user of a vessel is not licensed as an owneror user inspection agency and the vessel is not insured undera boiler and pressure vessel insurance policy; or(ii) the regulated boiler or pressure vessel operating permithas lapsed.

(f) The rules board commission may, by rule adopted underIC 4-22-2, specify a period between inspections of more than one (1)year. However, the rules board commission may not set an inspectionperiod of greater than five (5) years for regulated pressure vessels orsteam generating equipment that is an integral part of a continuousprocessing unit.

(g) For any inspection conducted by the division under this section,the division may designate:

(1) a third party inspector that satisfies the requirements ofsection 5 of this chapter; or(2) an inspection agency that satisfies the requirements of section6 of this chapter;

to act as the division's agent for purposes of the inspection.SECTION 35. IC 22-15-6-4, AS AMENDED BY P.L.218-2014,

SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 4. (a) As used in this chapter, "inspection agency"means:

(1) an insurance company inspection agency; or(2) an owner or user inspection agency licensed under section 6of this chapter.

(b) A boiler and pressure vessel inspector licensed under section 5of this chapter and employed by an inspection agency may perform anyof the following:

(1) An inspection required by section 2 of this chapter.(2) The issuance of a permit under section 2 of this chapter.(3) The issuance of an appropriate order under IC 22-12-7 when

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an equipment law has been violated.(c) The authority of an inspector acting under this chapter is limited

to enforcement related to regulated boilers or pressure vessels insured,owned, or operated by the inspection agency employing the inspector.

(d) Unless an annual report is substituted under subsection (e), aninspection agency shall, within thirty (30) days after the completion ofan inspection, submit to the office the report required by the rulesboard. commission. In addition to any other information required bythe rules board, commission, the inspector conducting the inspectionshall cite on the report any violation of the equipment law applicableto the regulated boiler or pressure vessel.

(e) In the case of boilers or pressure vessels inspected by an owneror user inspection agency, an annual report filed on or before theannual date as the rules board commission may prescribe for eachreport may be substituted. An annual report of an owner or userinspection agency must list, by number and abbreviated descriptionnecessary for identification, each boiler and pressure vessel inspectedduring the covered period, the date of the last inspection of each unit,and for each pressure vessel the approximate date for its nextinspection under the rules of the rules board. commission. Each annualreport of an owner or user inspection must also contain the certificateof a professional engineer registered under IC 25-31 and havingsupervision over the inspections reported, swearing or affirming underpenalty of perjury that each inspection was conducted in conformitywith the equipment laws.

(f) An owner or user inspection agency shall pay the fee set underIC 22-12-6 with a report under subsection (e).

(g) In addition to the reports required by subsections (d) and (e), anowner, a user, or an inspection agency shall immediately notify thedivision when an incident occurs to render a boiler or pressure vesselinoperative.

(h) An inspection agency, an owner, or a user that violates thissection is subject to a disciplinary action under IC 22-12-7.

SECTION 36. IC 22-15-6-5, AS AMENDED BY P.L.1-2006,SECTION 399, IS AMENDED TO READ AS FOLLOWS[EFFECTIVE JULY 1, 2019]: Sec. 5. (a) The division shall issue aboiler and pressure vessel inspector license to an applicant whoqualifies under this section.

(b) To qualify for a license under this section an applicant must:(1) meet the qualifications set by the rules board commission inits rules;(2) pass an examination approved by the rules board commission

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and conducted, supervised, and graded as prescribed by the rulesboard; commission; and(3) pay the fee set under IC 22-12-6-6(a)(9).

(c) The rules board commission may exempt an applicant from anypart of the examination required by subsection (b) if the applicant has:

(1) a boiler and pressure vessel inspector's license issued byanother state with qualifications substantially equal to thequalifications for a license under this section; or(2) a commission as a boiler and pressure vessel inspector issuedby the National Board of Boiler and Pressure Vessel Inspectors.

SECTION 37. IC 22-15-6-6, AS AMENDED BY P.L.1-2006,SECTION 400, IS AMENDED TO READ AS FOLLOWS[EFFECTIVE JULY 1, 2019]: Sec. 6. (a) The division shall issue alicense to act as an owner or user boiler and pressure vessel inspectionagency to an applicant who qualifies under this section.

(b) A license issued under this section expires if the bond requiredby subsection (c)(3) becomes invalid.

(c) To qualify for a license under this section an applicant must:(1) submit the name and address of the applicant;(2) submit proof that inspections will be supervised by one (1) ormore professional engineers licensed under IC 25-31 andregularly employed by the applicant;(3) provide a surety bond issued by a surety qualified to dobusiness in Indiana for one hundred thousand dollars ($100,000),made payable to the division and conditioned upon compliancewith the equipment laws applicable to inspections and the trueaccounting for all funds due to the division; and(4) pay the fee set under IC 22-12-6-6(a)(9).

(d) An owner or user boiler and pressure vessel inspection agencylicensee under this section shall maintain with the division the mostcurrent name and address of the licensee and the name of theprofessional engineer supervising the licensee's inspections and notifythe division of any changes within thirty (30) days after the changeoccurs. An inspection agency that violates this subsection is subject toa disciplinary action under IC 22-12-7.

(e) The rules board commission may establish standards for theoperation of inspection agencies.

(f) An inspection agency that violates this section is subject to adisciplinary action under IC 22-12-7.

SECTION 38. IC 25-0.5-3-36 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 36. IC 25-1-2-6(b) applies to the Indiana dietitianscertification board.

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SECTION 39. IC 25-0.5-4-9 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 9. The Indiana dietitians certification board(IC 25-14.5-2-1) is a board under IC 25-1-4.

SECTION 40. IC 25-0.5-5-20 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 20. The Indiana professional licensing agency shallperform administrative functions, duties, and responsibilities for theIndiana dietitians certification board (IC 25-14.5-2-1) underIC 25-1-5-3(a).

SECTION 41. IC 25-0.5-6-19 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 19. An individual licensed, certified, registered, orpermitted by the Indiana dietitians certification board (IC 25-14.5-2-1)is a provider under IC 25-1-5-10.

SECTION 42. IC 25-0.5-8-30 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 30. An occupation for which a person is licensed,certified, or registered by the Indiana dietitians certification board(IC 25-14.5-2-1) is a regulated occupation under IC 25-1-7.

SECTION 43. IC 25-0.5-9-32 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 32. The Indiana dietitians certification board(IC 25-14.5-2-1) is a board under IC 25-1-8.

SECTION 44. IC 25-0.5-10-9 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 9. The Indiana dietitians certification board(IC 25-14.5-2-1) is a board under IC 25-1-8-6.

SECTION 45. IC 25-0.5-11-19 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 19. The Indiana dietitians certification board(IC 25-14.5-2-1) is a board under IC 25-1-9.

SECTION 46. IC 25-1-6.5 IS ADDED TO THE INDIANA CODEAS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]:

Chapter 6.5. Board AdministrationSec. 1. As used in this chapter, "board" refers to any of the

entities described in IC 25-0.5-5 or IC 25-0.5-7 and the board oflicensure for professional geologists established by IC 25-17.6-2-1.

Sec. 2. (a) A member who was appointed to serve on a boardunder this title before July 1, 2019, shall serve the remainder of theappointed member's unexpired term and continue until:

(1) the member is removed under section 4 of this chapter; or(2) a successor is appointed and qualified.

(b) Notwithstanding any other law, a member appointed to aboard under this chapter after June 30, 2019, serves a term of four(4) years, beginning on the date of appointment and continuinguntil:

(1) the member is removed under section 4 of this chapter; or

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(2) a successor is appointed and qualified.(c) Notwithstanding any other law, a member appointed to a

board under this chapter may serve multiple terms.Sec. 3. Except as provided in IC 25-14-1-2 and IC 25-34.1-2-1

and notwithstanding any other law, not more than two (2) boardmembers may be appointed from the same congressional district.

Sec. 4. (a) Notwithstanding any other law, a member who isappointed to a board under this chapter serves at the will andpleasure of the governor.

(b) Notwithstanding any other law, a member who is appointedto a board under this chapter may be removed by the governorwithout cause.

(c) Notwithstanding any other law, a member who is appointedto a board under this chapter must be removed if:

(1) the member's license is suspended or revoked under thistitle;(2) the member has violated a rule or law underIC 4-2-6-4(a)(2) as determined by the state ethics commissioncreated by IC 4-2-6-2; or(3) the member has been convicted of a crime (as definedunder IC 33-23-1-4).

(d) Notwithstanding any other law, a vacancy in themembership of a board under this chapter shall be filled by thegovernor for the unexpired term in the same manner as theoriginal appointment.

SECTION 47. IC 25-2.1-2-3, AS AMENDED BY P.L.105-2008,SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 3. (a) The board consists of six (6) five (5)members appointed by the governor.

(b) Five (5) Subject to IC 25-1-6.5-3, four (4) members must meetthe following conditions:

(1) Be a resident of Indiana.(2) Be a certified public accountant under IC 25-2.1-3 orIC 25-2.1-4.

(c) Subject to IC 25-1-6.5-3, one (1) member must meet thefollowing conditions:

(1) Be a resident of Indiana.(2) Be a consumer who is not certified under this article but hasprofessional or practical experience in the use of accountingservices and financial statements that qualify the individual tomake judgments about the qualifications and conduct ofindividuals and firms under this article.

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SECTION 48. IC 25-2.1-2-4, AS AMENDED BY P.L.112-2014,SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 4. (a) A member of the board appointed beforeJuly 1, 2019, serves a term of three (3) years and until the member'ssuccessor is appointed and qualified.

(b) An individual may not serve more than three (3) complete terms.An appointment to fill an unexpired term is not a complete term. Amember of the board appointed after June 30, 2019, serves a termunder IC 25-1-6.5.

(c) All terms expire on June 30.SECTION 49. IC 25-2.1-2-5 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 5. (a) A member of theboard is automatically removed from the board if the member'scertificate is suspended or revoked under this article. may be removedunder IC 25-1-6.5-4.

(b) The governor may remove a member for neglect of duty,incompetency, or unprofessional conduct.

(c) A vacancy in the membership of the board shall be filled byappointment by the governor for the unexpired term.

SECTION 50. IC 25-4-1-2 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. (a) There is herebycreated and established a board of registration for architects andlandscape architects, which shall consist of eight (8) five (5) members,who shall be appointed by the governor. and who shall serve at the willand pleasure of the governor.

(b) All appointments:(1) before July 1, 2019, shall be made for terms of three (3)years, ending on December 31, In any case, each member shallserve for serving the term for which the member shall have beenappointed and until the member's successor shall have beenappointed and shall have qualified; and(2) after June 30, 2019, shall be made according toIC 25-1-6.5.

Any vacancy which may occur in membership of the board for anycause shall be filled by appointment by the governor for the unexpiredterm.

(c) A member of the board may be removed underIC 25-1-6.5-4.

(d) Each member of the board shall be entitled to receive ascompensation for the member's services a salary per diem for each andevery day the member may be engaged in attending the meetings ortransacting the business of the board; in addition thereto each member

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shall be entitled to receive as reimbursement all traveling and othernecessary expenses incurred in the performance of the member's dutiesas a member of the board in accordance with travel policies andprocedures established by the department of administration and thestate budget agency.

(b) (e) Subject to 25-1-6.5-3, each member of the board shall be acitizen of the United States of America and a resident of the state ofIndiana.

(f) Five (5) Three (3) of the members must be registered architectsunder this chapter. and shall Preferably these members would havehad at least ten (10) years of active architectural practice preceding themember's appointment.

(c) (g) Two (2) members One (1) member of the board must beregistered as a landscape architects architect under this chapter. andmust Preferably this member would have at least ten (10) years ofactive landscape architectural practice preceding the member'sappointment.

(d) (h) One (1) member of the board, to represent the general public,shall be a resident of this state who has never been associated with thearchitecture or landscape architecture profession in any way other thanas a consumer.

SECTION 51. IC 25-4-1-3, AS AMENDED BY P.L.194-2005,SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 3. The board shall organize by the election of achairman and vice chairman, each of whom shall serve for a term ofone (1) year. The first meeting of the board shall be held within thirty(30) days after the members thereof shall have been appointed, on callof the chairman of the board. Thereafter, the board shall hold at leasttwo (2) regular meetings each year and may hold such specialmeetings, as the board in its discretion considers necessary oradvisable. The time for holding the regular meetings, the method ofcalling special meetings and the manner of giving notice of allmeetings shall be prescribed in the bylaws of the board. Five (5)members of the board shall constitute a quorum for the transaction ofany and all business which may come before the board. A quorum ofthe board consists of a majority of the appointed members.Approval by a majority of all members of the board shall be requiredfor action to be taken. The board shall adopt official seals representingthe different professions that shall be affixed to all certificates ofregistration granted and issued as provided in this chapter. Subject tothe approval of the governor, the board is hereby authorized to makebylaws and prescribe and promulgate rules as considered necessary in

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the performance of its duty. The board shall adopt rules establishingstandards for the competent practice of architecture and landscapearchitecture, and for the administration of the registered architects andregistered landscape architects investigative fund established bysection 32 of this chapter. Suitable office quarters shall be provided forthe use of the board in the city of Indianapolis.

SECTION 52. IC 25-5.1-2-2 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. (a) The boardconsists of seven (7) five (5) members appointed by the governor asfollows:

(1) Two (2) members One (1) member who are is a medicaldoctors, osteopaths, podiatrists, or chiropractors, at least one (1)of whom is doctor, osteopath, podiatrist, or chiropractor,involved in the practice of sports medicine.(2) Four (4) Three (3) members who are athletic trainers engagedin the practice of athletic training in Indiana for at least two (2)years immediately preceding their appointment. and consisting ofthe following:

(A) One (1) member who is at the time of appointment anathletic trainer employed by a college or a university inIndiana.(B) One (1) member who is at the time of appointment anathletic trainer employed by a secondary school in Indiana.(C) One (1) member who is at the time of appointment anathletic trainer employed by a professional athletic team or bya health care or an athletic facility in Indiana.(D) One (1) member who is an athletic trainer at large.

(3) One (1) member representing the public who is a resident ofIndiana and who is not associated with athletic training.

(b) In making the appointments described in subsection (a), thegovernor shall consider achieving equal geographic representation ofthe appointees. make appointments according to IC 25-1-6.5-3.

SECTION 53. IC 25-5.1-2-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. (a) The term ofoffice for each member of the board is four (4) years. However, amember of the board may be removed by the governor without cause.made under IC 25-1-6.5.

(b) A member may not be appointed to the board for more than two(2) consecutive terms. A member of the board may be removedunder IC 25-1-6.5-4.

SECTION 54. IC 25-5.1-2-5 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 5. A vacancy on the

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board shall be filled for the unexpired term in the same manner as theoriginal appointment. under IC 25-1-6.5.

SECTION 55. IC 25-6.1-1-1 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 1. Short Title. This article shall be known and may becited as the "Auctioneer and Auction Licensing Act."

SECTION 56. IC 25-6.1-2-1 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 1. Creation andMembership. (a) The Indiana auctioneer commission is createdconsisting of six (6) five (5) members, not more than four (4) three (3)of whom may be members of the same political party.

(b) A member of the Subject to IC 25-1-6.5-3, the governor shallappoint each commission is appointed by the governor member toserve for a term of three (3) years and until his successor is appointedand qualified. under IC 25-1-6.5. A vacancy arising on thecommission shall be filled by the governor, and the individualappointed to fill such vacancy shall serve for the unexpired term of theindividual whose vacancy is being filled. under IC 25-1-6.5.

(c) Five (5) Four (4) individuals appointed to membership on thecommission must be citizens of Indiana and engaged as auctioneers fora period of not less than five (5) years immediately preceding theirappointment. One (1) individual appointed to membership on thecommission must be a citizen of Indiana who has not been associatedwith auctioneering in any way other than as a consumer.

(d) An individual may not act as a member of the commission whileholding another elected or appointed office in either the state or federalgovernment.

(e) A board member may be removed under IC 25-1-6.5-4.SECTION 57. IC 25-8-3-5, AS AMENDED BY P.L.158-2016,

SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 5. (a) Each of the members of the board mustreside in Indiana.

(b) Subject to IC 25-1-6.5-3, the members of the board must meetthe following qualifications:

(1) Two (2) of the members must:(A) possess a current cosmetologist license; and(B) have practiced cosmetology in Indiana continuously for atleast five (5) years immediately before appointment.

(2) Two (2) of the members of the board must:(A) possess a current barber license; and(B) have practiced barbering in Indiana continuously for atleast five (5) years immediately before appointment.

(3) One (1) of the members must be an owner or operator of a

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beauty culture school. However, the member may not be alicensed barber or cosmetologist.(4) One (1) of the members must be licensed as an electrologist,an esthetician, or a manicurist.(5) One (1) of the members must not have any association withthe practice of beauty culture, except as a consumer.

SECTION 58. IC 25-8-3-7 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 7. (a) Each boardmember appointed before July 1, 2019, serves a term of three (3)years, beginning on the date of appointment and continuing until:

(1) the member is removed under section 8 of this chapter; or(2) a successor is appointed.

(b) Each board member appointed after June 30, 2019, servesa term under IC 25-1-6.5.

SECTION 59. IC 25-8-3-8 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 8. The governor mayremove a board member for incompetency or failure to perform themember's duties under this chapter. under IC 25-1-6.5-4.

SECTION 60. IC 25-8-3-9 IS REPEALED [EFFECTIVE JULY 1,2019]. Sec. 9. If a member of the board is removed under section 8 ofthis chapter, the governor shall appoint a successor to serve for theremainder of the unexpired term.

SECTION 61. IC 25-10-1-1.5, AS AMENDED BY P.L.85-2018,SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 1.5. (a) There is created a board of chiropracticexaminers. The board shall consist of seven (7) five (5) membersappointed by the governor, not more than four (4) three (3) of whommay be affiliated with the same political party. Six (6) Subject toIC 25-1-6.5-3, four (4) of the board members must be licensed underthis chapter and must have had at least five (5) years of experience asa chiropractor prior to their appointment. Subject to IC 25-1-6.5-3,one (1) member is to represent the general public and must be:

(1) a resident of this state; and(2) in no way associated with the profession of chiropractic otherthan as a consumer.

(b) All members appointed before July 1, 2019, shall be appointedfor a term of three (3) years and serve until their successors areappointed and qualified. A vacancy occurring on the board shall befilled by the governor by appointment. Each appointed member shallserve for the unexpired term of the vacating member.

(c) Members appointed after June 30, 2019, are appointed underIC 25-1-6.5.

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(d) A member of the board may be removed underIC 25-1-6.5-4.

(c) (e) The members of the board are entitled to the minimum salaryper diem provided by IC 4-10-11-2.1(b). Members are also entitled toreimbursement for traveling expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.

(d) (f) The members of the board shall organize by the election ofa chairman and a vice chairman from among its membership. Theofficers serve for a term of one (1) year. The board shall meet at leastonce each year and on other occasions as it considers necessary andadvisable. A meeting of the board may be called by its chairman or bya majority of the members on the board. Four (4) Three (3) membersof the board constitute a quorum for the transaction of business. Alldecisions are required to be made by a majority vote of the quorum.

(e) (g) The agency shall provide a secretary of the board and otherpersonnel necessary for the proper performance of the board's dutiesand responsibilities under this chapter. The board, through the agency,shall receive and account for all money collected under this chapter andpay the money to the treasurer of state to be deposited by the treasurerin the general fund of the state.

(f) (h) The board may do the following:(1) Establish reasonable application, examination, and renewalprocedures for certification under this chapter.(2) Use an examination under this chapter that is designed by theboard, designed by another person, or designed in part by theboard and in part by another person.(3) Conduct in the manner prescribed by the board examinationsof applicants for certification under this chapter. The board mayconduct any part of the examinations through a person other thanthe agency who is approved by the board. The agency mayconduct any part of the examinations under IC 25-1-5-4.(4) Issue, deny, suspend, revoke, and renew certificates.(5) Subject to IC 25-1-7, investigate and conduct hearings, uponcomplaint against individuals certified or not certified under thischapter, concerning alleged violation of this chapter with hearingsto be conducted in accordance with IC 4-21.5.(6) Initiate the prosecution and enjoinder of a person violating thischapter.(7) Adopt rules necessary for the proper performance of the

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board's duties, in accordance with IC 4-22-2.(8) Maintain a current list of individuals certified under thischapter.(9) Establish a code of professional conduct.(10) Adopt rules under IC 4-22-2 to allow chiropractors licensedunder this chapter to delegate the manual manipulation, manualadjustment, or manual mobilization of the spinal column or thevertebral column under section 14(c)(4) of this chapter.(11) Adopt rules under IC 4-22-2 establishing standards for theregistration and regulation of chiropractic managementconsultants (as defined by the board under IC 25-10-2).(12) Set fees for the annual registration of a chiropracticmanagement consultant under IC 25-10-2.(13) Adopt rules under IC 4-22-2 establishing health andsanitation standards that conform to public health standards fordry needling.

(g) (i) The board shall adopt rules establishing standards for thecompetent practice of the science of the chiropractic in accordancewith IC 4-22-2.

(h) (j) All expenses incurred in the administration of this chaptershall be paid from the state general fund upon appropriation beingmade in the manner provided by law for the making of appropriations.

SECTION 62. IC 25-14-1-2, AS AMENDED BY P.L.103-2011,SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) The state board of dentistry is establishedand consists of:

(1) nine (9) practicing dentists licensed under IC 25-14 who musthave been in practice in Indiana for not less than the five (5)years;(2) one (1) practicing dental hygienist who:

(A) has been practicing in Indiana as a dental hygienist:(i) in 2011 and 2012, for at least three (3) years; and(ii) after 2012, for at least five (5) years; and

(B) is licensed under IC 25-13-1; and(3) one (1) member to represent the general public who must bea resident to this state and in no way associated with theprofession of dentistry other than as a consumer.

(b) All eleven (11) members of the board appointed before July 1,2019, shall be appointed by the governor for a term of three (3) yearseach. Any member of the board may serve until the member's successoris appointed and qualified under this chapter. A member may serveconsecutive terms, but no member may serve more than three (3) terms

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or a total of nine (9) years.(c) All eleven (11) members of the board appointed after June

30, 2019, shall be appointed under IC 25-1-6.5.(d) A member of the board may be removed under

IC 25-1-6.5-4.(b) (e) The appointment of the dentist members shall be made in a

manner that, at all times, each dentist member on the board representsand is a resident of one (1) of nine (9) examiner districts set forth inthis subsection. Each dentist member shall be chiefly responsible in theperformance of his or her duties with regard to the district from whichhe or she is appointed. The nine (9) dentist members' districts consistof the following counties:

(1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock,Morgan, Johnson, and Shelby.(2) District 2. Lake, Porter, LaPorte, and Jasper.(3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko,and Fulton.(4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen,Huntington, Wells, DeKalb, and Adams.(5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey,Vanderburgh, Warrick, Spencer, and Perry.(6) District 6. Newton, Benton, White, Pulaski, Cass, Miami,Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, andClinton.(7) District 7. Vermillion, Parke, Fountain, Montgomery, Boone,Putnam, Vigo, Clay, Sullivan, Owen, Greene, and Martin.(8) District 8. Madison, Delaware, Blackford, Randolph, Rush,Fayette, Union, Henry, and Wayne.(9) District 9. Monroe, Brown, Bartholomew, Decatur, Franklin,Lawrence, Jackson, Jennings, Ripley, Dearborn, Orange,Washington, Scott, Jefferson, Switzerland, Ohio, Crawford,Harrison, Floyd, and Clark.

(c) (f) The board may issue licenses to applicants who pass anexamination administered by an entity that has been approved by theboard.

SECTION 63. IC 25-14-1-11 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 11. The governor shall have the power to remove anymember of the board for incompetency, gross immorality, for any abuseof his official power or for any other good cause and may fill anyvacancy occasioned by removal, death, resignation or otherwise, byappointment. Any person appointed to fill any vacancy of such board,whether caused by death, resignation, removal or otherwise, shall hold

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for the unexpired term of the member whose place he is appointed tofill and all vacancies shall be filled in the manner prescribed for theregular appointments to said board.

SECTION 64. IC 25-14.5-1-2 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. "Board" refers to theIndiana dietitians certification board established by IC 25-14.5-2-1.medical licensing board of Indiana created by IC 25-22.5-2-1.

SECTION 65. IC 25-14.5-2-1 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 1. The Indiana dietitians certification board isestablished.

SECTION 66. IC 25-14.5-2-2 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 2. The board consists of seven (7) members appointed bythe governor as follows:

(1) Four (4) members who are certified under this article andcurrently provide and have provided services in the practice ofdietetics in Indiana for a minimum of three (3) years.(2) One (1) member who is a physician licensed under IC 25-22.5.(3) One (1) member who is a registered nurse licensed underIC 25-23.(4) One (1) member representing the public who is a resident ofIndiana and has never been associated with dietetics in any wayother than as a consumer.

SECTION 67. IC 25-14.5-2-3 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 3. (a) Except as provided in subsection (b), the term ofoffice for each member of the board is three (3) years.

(b) A member shall hold office until a successor has been appointed.SECTION 68. IC 25-14.5-2-4 IS REPEALED [EFFECTIVE JULY

1, 2019]. Sec. 4. A vacancy on the board shall be filled for theunexpired term in the same manner as the original appointment.

SECTION 69. IC 25-14.5-2-4.5 IS ADDED TO THE INDIANACODE AS A NEW SECTION TO READ AS FOLLOWS[EFFECTIVE JULY 1, 2019]: Sec. 4.5. (a) On July 1, 2019, allpowers, duties, agreements, and liabilities of the Indiana dietitianscertification board are transferred to the board, as the successoragency.

(b) On July 1, 2019, all records and property of the Indianadietitians certification board, including appropriations and otherfunds under the control or supervision of the Indiana dietitianscertification board, are transferred to the board, as the successoragency.

(c) After June 30, 2019, any amounts owed to the Indianadietitians certification board before July 1, 2019, are considered to

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be owed to the board as the successor agency.(d) After June 30, 2019, a reference to the Indiana dietitians

certification board in a statute, rule, or other document isconsidered a reference to the board, as the successor agency.

(e) Proceedings pending before the Indiana dietitianscertification board on July 1, 2019, shall be transferred from theIndiana dietitians certification board to the board and treated asif initiated by the board.

(f) A certificate issued by the Indiana dietitians certificationboard before July 1, 2019, shall be treated after June 30, 2019, asa certification issued by the board.

(g) The rules adopted by the Indiana dietitians certificationboard before July 1, 2019, concerning standards and certificationfor dietitians are considered, after June 30, 2019, rules of theboard.

SECTION 70. IC 25-14.5-2-6 IS REPEALED [EFFECTIVE JULY1, 2019]. Sec. 6. (a) The board shall hold meetings as follows:

(1) A meeting for the purpose of organization must be held notmore than thirty (30) days after the board members are appointed.(2) The board shall hold at least one (1) regular meeting eachcalendar year. At the first regular meeting each year, the boardshall elect a chairperson and vice chairperson.(3) Special meetings may be held at the discretion of thechairperson.(4) Meetings may be held at such time as the board or chairpersonshall determine.

(b) A quorum of the board consists of four (4) members.(c) A secretary of the board shall be elected by the board and shall

hold office at the pleasure of the board.SECTION 71. IC 25-14.5-2-7 IS REPEALED [EFFECTIVE JULY

1, 2019]. Sec. 7. (a) Each member of the board who is not a stateemployee is entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is also entitled to reimbursement fortraveling expenses as provided under IC 4-13-1-4 and other expensesactually incurred in connection with the member's duties as providedin the state policies and procedures established by the Indianadepartment of administration and approved by the budget agency.

(b) Each member of the board who is a state employee is entitled toreimbursement for traveling expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budget

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agency.SECTION 72. IC 25-15-9-2 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. (a) The boardconsists of eleven (11) five (5) members as follows:

(1) Ten (10) Four (4) members appointed by the governor. forterms of four (4) years.(2) The commissioner of the state department of health or thecommissioner's designee. Subject to IC 25-1-6.5-3, one (1)member who must:

(A) be a resident of Indiana; and(B) not be associated with the practice of funeral service orcemetery operation other than as a consumer.

(b) Members are appointed under IC 25-1-6.5.(c) A member of the board may be removed under

IC 25-1-6.5-4.(b) (d) The board shall elect a chairman from the board's own

membership every two (2) years to serve a term of two (2) years. Thechairman shall be elected alternately from those board membersappointed under sections 3 and 4 of this chapter.

SECTION 73. IC 25-15-9-3 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. Four (4) Subject toIC 25-1-6.5-3, two (2) of the board's appointed members must belicensed funeral directors, in good standing, without any associationwith a school of mortuary science other than as a preceptor orsupervisor of a funeral service intern.

SECTION 74. IC 25-15-9-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. Four (4) Subject toIC 25-1-6.5-3, two (2) of the board's appointed members must beactive in the cemetery industry in Indiana, either as an owner or amanager of an operating cemetery property.

SECTION 75. IC 25-15-9-5 IS REPEALED [EFFECTIVE JULY 1,2019]. Sec. 5. Two (2) of the board's appointed members must beresidents of Indiana who are not associated with the practice of funeralservice or a cemetery operation other than as consumers.

SECTION 76. IC 25-15-9-6 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 6. Not more than five(5) three (3) of the board's appointed members may be affiliated withthe same political party.

SECTION 77. IC 25-15-9-7 IS REPEALED [EFFECTIVE JULY 1,2019]. Sec. 7. The board's appointed members may serve not more thantwo (2) consecutive terms on the board as a member of the state boardof funeral and cemetery service. A member of the board may serve

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until the member's successor is appointed and qualified under thischapter.

SECTION 78. IC 25-15-9-9 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 9. The funeral director,consumer, and the state department of health members of the boardshall do the following:

(1) Adopt rules under IC 4-22-2 to do the following:(A) Establish standards for the competent practice of funeralservice.(B) Establish sanitation standards for the construction andequipping of funeral homes.(C) Establish standards for the operation of funeral homes.(D) Set fees under IC 25-1-8.(E) Carry out this article.

(2) Establish a program of inspection to administer this article.(3) Pass upon the qualifications of each applicant for a licenseunder this article.(4) Provide all examinations under this article.(5) License all applicants who meet the requirements ofIC 25-15-4.(6) Investigate a complaint alleging a violation of this article.(7) For a violation of this article by a person who is licensedunder this article, if necessary, take any combination of thefollowing actions:

(A) Issue an appropriate order to correct the violation.(B) Suspend the seller's certificate of authority issued underIC 30-2-13.(C) Permanently revoke the licensee's license.(D) Censure the licensee.(E) Issue a letter of reprimand.(F) Place the licensee on probation.(G) Assess a civil penalty against the licensee in an amountnot to exceed one thousand dollars ($1,000) for each violation,except for a finding of incompetency due to a physical ormental disability. When imposing a civil penalty, the boardshall consider a licensee's ability to pay the amount assessed.If the licensee fails to pay the civil penalty within the timespecified by the board, the board may suspend the licensee'slicense without additional proceedings. However, a suspensionmay not be imposed if the sole basis for the suspension is thelicensee's inability to pay a civil penalty.(H) Refer the matter to the attorney general or the prosecuting

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attorney for enforcement.(8) The board shall suspend the license of a funeral home licenseewho employs a person who:

(A) holds an inactive funeral director license (as described inIC 25-15-4-6); and(B) engages in the practice of funeral services or providesfuneral services to the public (as described in IC 25-15-2-17or IC 25-15-2-22).

SECTION 79. IC 25-15-9-10 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 10. The cemetery,consumer, and the state department of health members of the boardshall do the following:

(1) Determine compliance with IC 23-14 by cemetery owners.(2) Investigate a complaint alleging a violation of IC 23-14.(3) For a violation of IC 23-14 by a cemetery owner, if necessary,take any combination of the following actions:

(A) Issue an appropriate order to correct the violation.(B) Suspend the seller's certificate of authority issued underIC 30-2-13.(C) Censure the cemetery owner.(D) Issue a letter of reprimand.(E) Assess a civil penalty against the cemetery owner in anamount not to exceed one thousand dollars ($1,000) for eachviolation, except for a finding of incompetency due to aphysical or mental disability. When imposing a civil penalty,the board shall consider a cemetery owner's ability to pay theamount assessed.(F) Refer the matter to the attorney general or prosecutingattorney for enforcement.

SECTION 80. IC 25-15-9-11 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 11. An official actionof the board is valid only if the action is adopted by at least six (6) ofthe board's members. a majority of the appointed members.However, cemetery members may not vote on any matter involvingsection 9 of this chapter, and funeral director members may not vote onany matter involving section 10 of this chapter. When either cemeteryor funeral director members are ineligible to vote, an official action ofthe board is valid if the action is adopted by at least four (4) of theboard's members.

SECTION 81. IC 25-17.6-2-2 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. Subject toIC 25-1-6.5, each member of the board shall be:

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(1) a resident of Indiana; and(2) appointed by the governor;

with the exception of the state geologist.SECTION 82. IC 25-17.6-2-4 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. (a) Each boardmember shall serve a term of four (4) years. under IC 25-1-6.5.

(b) A board member may serve until the member's successor isappointed and qualified under this chapter.

(c) A board member may not serve more than two (2) consecutiveterms.

SECTION 83. IC 25-17.6-2-5 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 5. (a) The governormay remove a board member for cause. under IC 25-1-6.5-4.

(b) A vacancy in the membership of the board shall be filled for theunexpired term by the governor.

SECTION 84. IC 25-17.6-2-9 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 9. (a) At least thirty(30) days before making the annual an appointment to the board, thegovernor shall receive a list of not more than three (3) nominations forthe appointment from a joint committee of the survey andrepresentatives of professional organizations representing professionalgeologists in Indiana.

(b) Members appointed to the board shall be selected from the listsubmitted to the governor by the joint committee under subsection (a).

SECTION 85. IC 25-19-1-2, AS AMENDED BY P.L.105-2008,SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) Subject to IC 25-1-6.5-3, there is createdthe Indiana state board of health facility administrators composed ofthirteen (13) five (5) members as follows:

(1) The state health commissioner or the commissioner'sdesignee.(2) The director of the division of family resources or thedirector's designee.(3) The state long term care ombudsman or the state long termcare ombudsman's designee.(4) The chief administrative officer of the Indiana Universitymedical center at Indianapolis or the chief administrative officer'sdesignee.(5) One (1) member of the medical profession holding anunlimited license to practice medicine in Indiana.(6) (1) Four (4) Two (2) administrators of licensed proprietaryhealth facilities.

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(7) (2) Two (2) administrators of licensed nonproprietary healthfacilities.(8) (3) Two (2) members One (1) member representing thepublic at large, who:

(A) are residents is a resident of Indiana; and(B) have has never been associated with health facilityservices or administration in any way other than as a residentor a family member of a resident of a health facility.

(b) Those members of the board other than the representatives ofstate agencies and institutions shall be appointed by the governor afterconsultation with the associations and societies appropriate to thedisciplines and professions representative of the position to be filled.The original and all subsequent physician and hospital administratorappointments shall be for terms of four (4) years. All appointmentsshall be for four (4) year terms, except that in case of a vacancy priorto term completion, the appointment shall be for the remainder of theunexpired term. Any vacancy, either prior to or at term completion,shall be filled by the governor after consultation with the associationsand societies appropriate to the discipline or professions representativeof the vacancy. In all cases, the appointees shall serve until theirsuccessors are appointed and qualified. Members are appointedunder IC 25-1-6.5.

(c) The governor may remove any member of the board other thanthe representative of a state agency or institution for misconduct,incapacity, incompetence, or neglect of duty after the member has beenserved with a written statement of charges and has been given anopportunity to be heard. Designated representatives of the stateagencies or institutions may be removed by the original appointingauthority for any of those causes. A member of the board may beremoved under IC 25-1-6.5-4.

SECTION 86. IC 25-19-1-6, AS AMENDED BY P.L.105-2008,SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 6. (a) The board shall elect from its membershipannually a chairperson and vice chairperson and shall adopt rules togovern its proceedings.

(b) Each member of the board who is not a state employee is entitledto the minimum salary per diem provided by IC 4-10-11-2.1(b). Sucha member is also entitled to reimbursement for traveling expenses andother expenses actually incurred in connection with the member'sduties, as provided in the state travel policies and proceduresestablished by the department of administration and approved by thestate budget agency.

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(c) The Indiana professional licensing agency shall supply necessarypersonnel to assist the board in the performance of its duties.

(d) Seven (7) members of the board constitute a quorum forconsideration of all matters before the board. A quorum of the boardconsists of a majority of the appointed members. A majority vote ofthe quorum is required for action of the board.

SECTION 87. IC 25-20-1-1.5 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 1.5. (a) Subject toIC 25-1-6.5-3, there is established the committee of hearing aid dealerexaminers which consists of five (5) members all appointed by thegovernor to a term of three (3) years. under IC 25-1-6.5. Three (3)members must be hearing aid dealers licensed under this chapter, whoare residents of this state and who have been practicing as hearing aiddealers for at least one (1) year prior to their appointment. One (1)member must be an otolaryngologist in this state, who is a resident ofthis state and who has been engaged in the practice of otolaryngologyfor at least one (1) year prior to appointment to the committee. One (1)member must be a resident of this state who is in no way associatedwith the business of hearing aid dealers, audiology, or speech-languagepathology other than as a consumer. Whenever a vacancy occurs on thecommittee, the governor shall appoint a successor to serve theremainder of the term of the vacated member. under IC 25-1-6.5.

(b) Three (3) members present constitute a quorum.(c) The members serve without compensation, except that each

member is entitled to the salary per diem as provided by IC 4-10-11-2.1and to reimbursement for travel, lodging, meals, and other expenses asprovided in the state travel policies and procedures established by thedepartment of administration and approved by the state budget agency.

(d) A member may be removed under IC 25-1-6.5-4.SECTION 88. IC 25-20.2-3-2, AS AMENDED BY P.L.177-2015,

SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) The board is composed of seven (7) five (5)members appointed by the governor as follows:

(1) Four (4) Subject to IC 25-1-6.5-3, three (3) members, eachof whom:

(A) is licensed in Indiana as a home inspector; and(B) has been actively engaged in performing home inspectionsin Indiana for at least five (5) years immediately before themember's appointment to the board.

(2) Subject to IC 25-1-6.5-3, one (1) member who satisfieseither of the following:

(A) The member:

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(A) (i) is a home builder; and(B) (ii) has been actively engaged in home building inIndiana for at least five (5) years immediately before themember's appointment to the board.

(B) The member:(i) is a real estate broker licensed under IC 25-34.1; and(ii) has been actively licensed in Indiana underIC 25-34.1 as a real estate broker for at least five (5)years immediately before the member's appointment tothe board.

(3) One (1) member who:(A) is a licensed real estate broker under IC 25-34.1-3-4.1; and(B) has been actively engaged in selling, trading, exchanging,optioning, leasing, renting, managing, listing, or appraisingresidential real estate in Indiana for at least five (5) yearsimmediately before the member's appointment to the board.

(4) (3) Subject to IC 25-1-6.5-3, one (1) member who representsthe public at large and is not associated with the home inspection,home building, or real estate business other than as a consumer.

(b) The members of the board must be residents of Indiana.(c) All members of the board serve at the will and pleasure of the

governor.SECTION 89. IC 25-20.2-3-3 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. (a) Each member ofthe board appointed before July 1, 2019, serves a term of three (3)years and until a successor is appointed and qualified.

(b) Each member of the board appointed after June 30, 2019,serves under IC 25-1-6.5.

(b) (c) The governor may remove a board member at any time forincompetency, neglect of duty, or unprofessional conduct. underIC 25-1-6.5-4.

(c) If a vacancy occurs in the membership of the board, the governorshall appoint an individual to serve for the remainder of the unexpiredterm.

(d) A member may not serve on the board for more than six (6)consecutive years.

SECTION 90. IC 25-21.5-2-2, AS AMENDED BY P.L.57-2013,SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) The board consists of seven (7) five (5)members appointed by the governor.

(b) Subject to IC 25-1-6.5-3, one (1) member must be appointed torepresent the general public who is:

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(1) a resident of Indiana; and(2) not associated with surveying other than as a consumer.

(c) Six (6) Subject to IC 25-1-6.5-3, four (4) members must beregistered professional surveyors who engage in the practice ofsurveying and who each meet the following conditions:

(1) Is a citizen of the United States.(2) Has been a resident of Indiana for at least five (5) yearsimmediately before the member's appointment.(3) Is registered in Indiana as a professional surveyor.(4) Has been engaged in the lawful practice of surveying for atleast eight (8) years.(5) Has been in charge of surveying work or surveying teachingfor at least five (5) years.

(d) Of the registered professional surveyors appointed undersubsection (c), three (3) must be engaged in the practice of surveyingon a full-time basis, and at least two (2) must be engaged in thepractice of surveying on a part-time basis.

SECTION 91. IC 25-21.5-2-3 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. A member of theboard serves a term of four (4) years and until the member's successoris appointed and qualified. under IC 25-1-6.5.

SECTION 92. IC 25-21.5-2-6 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 6. (a) The governormay remove a member of the board at any time for incompetency,neglect of duty, or for unprofessional conduct. under IC 25-1-6.5-4.

(b) A vacancy in the membership of the board shall be filled byappointment by the governor for the unexpired term.

SECTION 93. IC 25-21.5-2-12 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 12. A quorum of theboard consists of four (4) members. a majority of the appointedmembers. Except as provided in this article, at least four (4) votes arenecessary for the board to take official action.

SECTION 94. IC 25-21.8-2-2, AS AMENDED BY P.L.267-2017,SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. The board consists of five (5) membersappointed by the governor as follows:

(1) Three (3) Subject to IC 25-1-6.5-3, four (4) massagetherapists, each of whom:

(A) is licensed under this article;(B) has been actively practicing massage therapy for at leastthree (3) of the five (5) years immediately preceding theindividual's appointment; and

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(C) does not have a pending disciplinary or suspensionproceeding against the individual.

(2) Two (2) members Subject to IC 25-1-6.5-3, one (1) memberof the general public. A board member appointed under thissubdivision must not:

(A) be licensed under this article;(B) be the spouse of an individual who is licensed or intendsto be licensed under this article; or(C) have a direct or an indirect financial interest in theprofession regulated under this article.

SECTION 95. IC 25-21.8-2-3, AS ADDED BY P.L.200-2007,SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 3. (a) Each member of the board appointedbefore July 1, 2019, shall serve a term of three (3) years and until themember's successor is appointed and qualified.

(b) Each member of the board appointed after June 30, 2019,shall be appointed under IC 25-1-6.5.

SECTION 96. IC 25-21.8-2-4, AS AMENDED BY P.L.267-2017,SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 4. (a) A vacancy in the membership of the boardshall be filled by an individual appointed by the governor for theunexpired term in the same manner as the original appointment wasmade.

(b) A member may not serve more than two (2) consecutive termsin addition to any unexpired term to which the individual wasappointed. A member may serve until a successor has been appointedand qualified under this chapter.

(c) A member of the board may be removed for cause by thegovernor. under IC 25-1-6.5.

SECTION 97. IC 25-22.5-2-1 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 1. (a) The medicallicensing board of Indiana is created. It shall consist of seven (7)members, not more than four (4) of whom shall be members of thesame political party. The members shall be appointed by the governor,and all vacancies occurring on the board shall be filled by the governor.Subject to IC 25-1-6.5-3, the membership of the board shall consist ofthe following:

(1) Five (5) reputable physicians who:(A) are graduates of a medical school;(B) hold the degree of doctor of medicine or its equivalent;and(C) hold valid unlimited licenses to practice medicine in

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Indiana.shall serve for terms of four (4) years each.(2) One (1) reputable osteopathic physician who:

(A) is a graduate of an accredited osteopathic medical school;(B) holds the degree of doctor of osteopathy or its equivalent;and(C) holds a valid unlimited license to practice osteopathicmedicine in Indiana.

shall serve for a term of four (4) years.(3) One (1) member to serve a term of four (4) years who:

(A) will represent the general public;(B) is a resident of this state; and(C) is in no way associated with the medical profession otherthan as a consumer.

(b) Members are appointed under IC 25-1-6.5.(c) A member of the board may be removed under

IC 25-1-6.5-4.SECTION 98. IC 25-22.5-2-7, AS AMENDED BY P.L.78-2016,

SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 7. (a) The board shall do the following:

(1) Adopt rules and forms necessary to implement this article thatconcern, but are not limited to, the following areas:

(A) Qualification by education, residence, citizenship,training, and character for admission to an examination forlicensure or by endorsement for licensure.(B) The examination for licensure.(C) The license or permit.(D) Fees for examination, permit, licensure, and registration.(E) Reinstatement of licenses and permits.(F) Payment of costs in disciplinary proceedings conducted bythe board.

(2) Administer oaths in matters relating to the discharge of theboard's official duties.(3) Enforce this article and assign to the personnel of the agencyduties as may be necessary in the discharge of the board's duty.(4) Maintain, through the agency, full and complete records of allapplicants for licensure or permit and of all licenses and permitsissued.(5) Make available, upon request, the complete schedule ofminimum requirements for licensure or permit.(6) Issue, at the board's discretion, a temporary permit to anapplicant for the interim from the date of application until the

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next regular meeting of the board.(7) Issue an unlimited license, a limited license, or a temporarymedical permit, depending upon the qualifications of theapplicant, to any applicant who successfully fulfills all of therequirements of this article.(8) Adopt rules establishing standards for the competent practiceof medicine, osteopathic medicine, or any other form of practiceregulated by a limited license or permit issued under this article.(9) Adopt rules regarding the appropriate prescribing of ScheduleIII or Schedule IV controlled substances for the purpose of weightreduction or to control obesity.(10) Adopt rules establishing standards for office basedprocedures that require moderate sedation, deep sedation, orgeneral anesthesia.(11) Adopt rules or protocol establishing the following:

(A) An education program to be used to educate women withhigh breast density.(B) Standards for providing an annual screening or diagnostictest for a woman who is at least forty (40) years of age andwho has been determined to have high breast density.

As used in this subdivision, "high breast density" means acondition in which there is a greater amount of breast andconnective tissue in comparison to fat in the breast.(12) Adopt rules establishing standards and protocols for theprescribing of controlled substances.(13) Adopt rules as set forth in IC 25-23.4 concerning thecertification of certified direct entry midwives.(14) Adopt rules as set forth in IC 25-14.5 concerning thecertification of certified dietitians.

(b) The board may adopt rules that establish:(1) certification requirements for child death pathologists;(2) an annual training program for child death pathologists underIC 16-35-7-3(b)(2); and(3) a process to certify a qualified child death pathologist.

(c) The board may adopt rules under IC 4-22-2 establishingguidelines for the practice of telemedicine in Indiana. Adoption of rulesunder this subsection may not delay the implementation and provisionof telemedicine services by a provider under IC 25-1-9.5.

SECTION 99. IC 25-23-1-2 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. (a) There isestablished the Indiana state board of nursing consisting of nine (9)members appointed by the governor, each to serve a term of four (4)

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years subject to death, resignation, or removal by the governor. underIC 25-1-6.5.

(b) Subject to IC 25-1-6.5-3, six (6) of the board members must beregistered nurses who are committed to advancing and safeguarding thenursing profession as a whole. Two (2) of the board's members must belicensed practical nurses. One (1) member of the board, to represent thegeneral public, must be a resident of this state and not be associatedwith nursing in any way other than as a consumer.

(c) Each appointed board member may serve until the member'ssuccessor has been appointed and qualified. Any vacancy occurring inthe membership of the board for any cause shall be filled byappointment by the governor for the unexpired term. Members of theboard may be appointed for more than one (1) term. However, noperson who has served as a member of the board for more than six (6)consecutive years may be reappointed. Reappointments of persons whohave served six (6) consecutive years as a member of the board may bemade after three (3) years have elapsed. A member of the board maybe removed under IC 25-1-6.5-4.

SECTION 100. IC 25-23-1-3 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. (a) On or beforeDecember 1 of each year and At any time there is a vacancy, theIndiana State Nurses' Association shall recommend to the governor alist of qualified registered nurses for appointment to the board in thenumber of not less than twice the number of registered nurse vacanciesto be filled.

(b) On or before December 1 of each year and At any time there isa vacancy, the Indiana Federation of Licensed Practical Nurses' shallrecommend to the governor a list of qualified licensed practical nursesand nurse educators of Practical Nurse Programs for appointment to theboard in the number of not less than twice the number of vacancies tobe filled. The Governor may remove any member from the Board forneglect of any duty required by law or for incompetency orunprofessional or dishonorable conduct.

SECTION 101. IC 25-23.4-2-2, AS ADDED BY P.L.232-2013,SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) Subject to IC 25-1-6.5-3, the committeeconsists of nine (9) three (3) members appointed by the governor asfollows:

(1) Three (3) members who are certified direct entry midwives.(2) Two (2) members who are licensed under IC 25-22.5 and whopractice in the area of obstetrics, one (1) of whom has experienceacting as a collaborative home birth physician with a midwife.

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(3) One (1) certified nurse midwife with experience in thepractice of home births.(4) One (1) member who is licensed under IC 25-22.5 andpractices in the area of family practice.(5) One (1) member who is licensed under IC 25-22.5, whopractices in the area of pediatrics, and who has experience actingas a collaborative home birth physician with a midwife.(6) One (1) member representing the public who is not associatedwith the profession of midwifery or obstetrics other than as aconsumer.

(b) Notwithstanding subsection (a)(1), a certified direct entrymidwife appointed to the committee under subsection (a)(1) after June30, 2013, and before September 2, 2014, is not required to be certifiedunder this article. However, a certified direct entry midwife appointedto the committee after June 30, 2013, and before September 2, 2014,under subsection (a) must be designated as a Certified ProfessionalMidwife (CPM) by the North American Registry of Midwives.

SECTION 102. IC 25-23.4-2-3, AS ADDED BY P.L.232-2013,SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 3. (a) The term of Each committee member is four(4) years. serves a term under IC 25-1-6.5.

(b) A committee member may be reappointed for not more thanthree (3) consecutive terms.

(c) (b) A committee member serves until the committee member'ssuccessor is appointed. A vacancy occurring in the membership of thecommittee for any cause shall be filled by appointment by the governorfor the unexpired term. under IC 25-1-6.5.

(c) A committee member may be removed under IC 25-1-6.5-4.(d) Committee members annually shall select a chairperson and a

vice chairperson from among the committee's members.SECTION 103. IC 25-23.4-2-4, AS ADDED BY P.L.232-2013,

SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 4. (a) The committee shall meet at least one (1)time each year at the call of the chairperson. However, the first meetingof the committee shall be called by the licensing agency.

(b) With the approval of the executive director of the licensingagency, the committee may meet upon:

(1) the call of the chairperson; or(2) the request of a majority of the members of the committee.

(c) Five (5) Two (2) members of the committee constitute a quorum.(d) The affirmative vote of five (5) two (2) members of the

committee is required for the committee to take action.

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SECTION 104. IC 25-23.5-2-2, AS AMENDED BY P.L.197-2007,SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. The committee consists of five (5) membersappointed by the governor for terms of three (3) years. a term underIC 25-1-6.5. Subject to IC 25-1-6.5, the committee must include thefollowing:

(1) At least two (2) occupational therapists who:(A) are residents of Indiana;(B) have at least three (3) years experience as occupationaltherapists; and(C) are licensed under this article.

(2) At least one (1) physician licensed under IC 25-22.5 who isfamiliar with the practice of occupational therapy.(3) At least one (1) person who:

(A) is a resident of Indiana; and(B) is not associated with occupational therapy in any wayother than as a consumer.

SECTION 105. IC 25-23.5-2-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. A member of thecommittee may be removed by the board without cause. underIC 25-1-6.5-4.

SECTION 106. IC 25-23.6-2-2, AS AMENDED BY P.L.122-2009,SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) The board consists of eleven (11) ten (10)members appointed by the governor. for terms of three (3) years.Subject to IC 25-1-6.5-3, the board must include the following:

(1) Two (2) marriage and family therapists who:(A) have at least a master's degree in marriage and familytherapy or a related field from an eligible postsecondaryeducational institution;(B) are licensed under this chapter; and(C) have five (5) years of experience in marriage and familytherapy.

(2) One (1) social worker who:(A) has at least a master's degree in social work from aneligible postsecondary educational institution accredited by theCouncil on Social Work Education;(B) is licensed under this article; and(C) has at least five (5) years of experience as a social worker.

(3) One (1) social services director of a hospital with a socialwork degree who has at least three (3) years of experience in ahospital setting.

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(4) Two (2) mental health counselors who:(A) have at least a master's degree in mental health counseling;(B) are licensed under this article; and(C) have at least five (5) years experience as a mental healthcounselor.

(5) Two (2) consumers One (1) consumer who have has neverbeen credentialed under this article.(6) One (1) physician licensed under IC 25-22.5 who has trainingin psychiatric medicine.(7) Two (2) licensed clinical addiction counselors who:

(A) are licensed under IC 25-23.6-10.5; and(B) have at least five (5) years experience in clinical addictioncounseling.

(b) Not more than six (6) members of the board may be from thesame political party.

(c) A member appointed:(1) before July 1, 2019, serves a three (3) year term; and(2) after June 30, 2019, serves a term under IC 25-1-6.5.

SECTION 107. IC 25-23.6-2-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. A member of theboard who is appointed by the governor may not be removed from theboard except by action of the governor. be removed underIC 25-1-6.5-4.

SECTION 108. IC 25-23.7-3-2, AS AMENDED BY P.L.177-2015,SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) Subject to IC 25-1-6.5-3, the board consistsof nine (9) five (5) members appointed by the governor as follows:

(1) Four (4) Two (2) members who are installers, each of whom:(A) is licensed in Indiana as an installer; and(B) has been actively engaged in the installation ofmanufactured homes for at least five (5) years immediatelybefore the member's appointment to the board.

(2) One (1) member who represents manufactured homemanufacturers with production facilities in Indiana.(3) (2) One (1) member who represents manufactured homedealers.(4) One (1) member who is an operator or who is employed by anoperator of a mobile home community licensed underIC 16-41-27.(5) (3) One (1) member who is an owner of or who is employedby a primary inspection agency, a designation issued under 24CFR 3282 by the United States Department of Housing and Urban

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Development.(6) (4) One (1) member who represents the general public andwho is not associated with the manufactured home industry otherthan as a consumer.

(b) The members of the board must be residents of Indiana.(c) All members of the board serve at the will and pleasure of the

governor.SECTION 109. IC 25-23.7-3-3 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. (a) Each member ofthe board shall serve a term of four (4) years and until the member'ssuccessor is appointed and qualified. under IC 25-1-6.5.

(b) A board member may not serve more than two (2) consecutiveterms.

SECTION 110. IC 25-23.7-3-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. (a) The governormay remove a board member at any time for incompetency, neglect ofduty, or unprofessional conduct. under IC 25-1-6.5-4.

(b) A vacancy in the membership of the board shall be filled byappointment by the governor for the unexpired term.

SECTION 111. IC 25-23.7-3-5 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 5. (a) The board shallmeet at least two (2) times each calendar year upon the call of thechairperson or the written request of a majority of the members of theboard.

(b) The chairperson shall establish the time and place for eachmeeting.

(c) Five (5) members of the board constitute a quorum. A quorumof the board consists of a majority of the appointed members.

(d) Except as otherwise provided in this article, at least five (5)three (3) votes are necessary for the board to take official action.

SECTION 112. IC 25-24-1-1 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 1. (a) There is createdthe Indiana optometry board (referred to in this chapter as the board),whose duty it shall be to carry out this chapter. The board shall consistof six (6) five (5) members appointed by the governor. Five (5) Subjectto IC 25-1-6.5-3, four (4) of these members must have been residentoptometrists, licensed under this chapter, engaged in the actual practiceof optometry in Indiana for a period of five (5) years prior to theirappointment, and not more than three (3) of the optometrist membersmay belong to the same political party. Subject to IC 25-1-6.5-3, thesixth fifth member of the board, to represent the general public, shallbe a resident of this state who has never been associated with

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optometry in any way other than as a consumer. The appointedmembers appointed before July 1, 2019, shall serve for a term ofthree (3) years each, and each shall hold his office until his a successoris appointed. Appointment to fill vacancies from any cause shall bemade by the governor for the residue of the term. The appointedmembers appointed after June 30, 2019, shall serve a term underIC 25-1-6.5. A member may be removed under IC 25-1-6.5-4. Themembers of the board, before entering on their duties, shall each takeand subscribe to the oath required to be taken by other state officers,which shall be administered by the secretary of state and filed in his theoffice of the secretary of state, and the board shall have a commonseal. The board:

(1) shall administer oaths and take affidavits as required by thischapter, certified under the hand and the seal of the board;(2) shall require the attendance of witnesses and the productionof books, records, and papers pertinent to any matters comingbefore the board; and(3) for that purpose may issue a subpoena for any witness or asubpoena duces tecum to compel the production of any books,records, papers, or documents, directed to the sheriff of the countywhere the witness resides or is to be found, which shall be servedand returned in the same manner as subpoenas in civil actions inthe circuit court are served and returned.

(b) The board shall adopt rules, and do any and all things notinconsistent with this chapter which may be necessary or expedient forthe effective enforcement of this chapter, for the full and efficientperformance of its duties under this chapter, and for the reasonableregulation of the profession and practice thereof by persons licensedunder this chapter.

(c) The board shall adopt rules, not inconsistent with this chapter,governing applicants and applications for license under this chapterand governing the examination of applicants before beginning thepractice of optometry in this state, and shall establish a schedule ofqualifications of applicants, and a schedule of the minimumrequirements with which applicants for examination must complybefore they can be examined or receive a license, which schedules ofqualifications of applicants and of minimum requirements shall be keptin a record for that purpose by the board.

(d) The board shall establish and record, in a record kept for thatpurpose, a schedule of the minimum requirements and rules for therecognition of schools of optometry, so as to keep the requirements ofproficiency up to the average standard of other states.

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(e) The board shall adopt rules establishing standards for thecompetent practice of optometry.

(f) The board shall assist in the prosecution of any violation of thischapter and assist in the enforcement of this chapter.

(g) The board shall utilize, when expedient, an agent whose titleshall be inspector of the board, who shall hold office during thepleasure of the board and who shall, while in office, serve and executeany process or order issued by the board under this chapter. Suchagents may enter any optometrist's establishment or any place wherethe optometrist is located for the purpose of practicing the optometryprofession to inspect the premises and the licenses of all optometristsoperating therein, and the inspector may inspect all instruments andpatient records used in the conduct of the profession and all ophthalmicmaterials which are to be delivered to the public.

(h) The board shall utilize the services of attorneys and othernecessary assistants in carrying out this chapter.

(i) The board may:(1) grant or refuse to grant licenses as provided in this chapter;(2) place any licensee on probation; and(3) revoke or suspend the license, as provided in this chapter, ofany optometrist for any violation of this chapter or for a violationof any rule of the board.

(j) The board has such other powers and duties as may be providedin this chapter.

SECTION 113. IC 25-26-13-3, AS AMENDED BY P.L.202-2017,SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 3. (a) The Indiana board of pharmacy is created.The board consists of seven (7) members appointed by the governor forterms of four (4) years. under IC 25-1-6.5.

(b) Subject to IC 25-1-6.5-3, the board consists of the following:(1) One (1) member of the board, to represent the general public,must be a who is a resident of this state who has never beenassociated with pharmacy in any way other than as a consumer.(2) Except for the member representing the general public, themembers must be Six (6) members who are pharmacists in goodstanding of recognized experience and ability from varied practicesettings who hold a current license to practice pharmacy inIndiana, including one (1) member of the board who must be apracticing hospital pharmacist. If a member leaves the board forany reason before the end of the member's term, the member'ssuccessor shall serve for the unexpired portion of the term.

(c) A member may be removed under IC 25-1-6.5-4.

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(b) (d) Not later than ten (10) days after a member's appointment,the member must subscribe by oath or affirmation to faithfully upholdthe duties of the member's office. If a member fails to qualify asprovided, a new member shall be appointed in the member's place.

(c) (e) At the first meeting of each year the board shall elect fromamong its members a president and vice president who shall performduties and have powers as the board prescribes.

(d) (f) The board shall meet at least eight (8) times per year at suchtimes and places as the board selects. At each meeting the board shallcontinue in session from day to day, for not more than five (5) days,until the business of the meeting is complete. Four (4) members of theboard shall constitute a quorum.

(e) (g) Each member of the board is entitled to compensation asdetermined by the rules of the budget agency for each day the memberis actually engaged in business of the board, together with necessarytravel and other expenses incurred in the performance of the member'sduties.

(f) (h) Approval by a majority of the quorum is required for anyaction to be taken by the board.

SECTION 114. IC 25-27-1-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. (a) There is createda five (5) member Indiana physical therapy committee to assist theboard in carrying out this chapter regarding the qualifications andexaminations of physical therapists and physical therapist's assistants.Subject to IC 25-1-6.5-3, the committee is comprised of:

(1) three (3) physical therapists;(2) a licensed physician; and(3) one (1) member who is a resident of the state and who is notassociated with physical therapy in any way, other than as aconsumer.

(b) The governor shall make each appointment before July 1, 2019,for a term of three (3) years.

(c) The governor shall make each appointment after June 30,2019, under IC 25-1-6.5.

(d) Each physical therapist appointed must:(1) be a licensed physical therapist meeting the requirements ofthis chapter;(2) have had not less than three (3) years experience in the actualpractice of physical therapy immediately preceding appointment;and(3) be a resident of the state and actively engaged in this state inthe practice of physical therapy during incumbency as a member

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of the committee.(e) A member may be removed under IC 25-1-6.5-4.SECTION 115. IC 25-27.5-3-2, AS AMENDED BY P.L.90-2007,

SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. (a) The committee consists of five (5) membersappointed by the governor. for terms of three (3) years.

(b) Subject to IC 25-1-6.5-3, the committee must include thefollowing:

(1) Three (3) physician assistants who:(A) are residents of Indiana;(B) have at least three (3) years experience as physicianassistants; and(C) are licensed under this article.

(2) A physician licensed under IC 25-22.5 who is familiar withthe practice of physician assistants.(3) An individual who:

(A) is a resident of Indiana; and(B) is not associated with physician assistants in any way otherthan as a consumer.

(c) A member who is appointed:(1) before July 1, 2019, serves a term of three (3) years; and(2) after June 30, 2019, serves a term under IC 25-1-6.5.

SECTION 116. IC 25-27.5-3-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. A member of thecommittee may be removed by the governor for cause. underIC 25-1-6.5-4.

SECTION 117. IC 25-28.5-1-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. (a) The commissionshall consist of six (6) five (5) members to be appointed by thegovernor.

(b) Subject to IC 25-1-6.5-3, each member appointed shall be acitizen and resident of this state and include the following:

(1) Two (2) of the members shall be actively engaged in theplumbing contracting business for not less than five (5) yearsimmediately prior to his their appointment or shall have had ten(10) years experience in the plumbing contracting business.(2) Two (2) of the members shall be persons who for not less thanfive (5) years immediately prior to their appointment have beenemployed as journeymen plumbers. One (1) member shall be thecommissioner of the state department of health or a member ofthe commissioner's professional staff.(3) One (1) member, appointed to represent the general public,

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may never have been associated with plumbing in any way otherthan as a consumer.

(c) The term of all members of the commission appointed:(1) before July 1, 2019, shall be for three (3) years and until theirsuccessors are appointed and qualified; and(2) after June 30, 2019, shall be under IC 25-1-6.5.

(b) (d) Members appointed by the governor to fill vacancies shallhold office for the unexpired term. At no time shall there be more thanfour (4) members of the same political faith party on the commission.No person, other than the representative of the state department ofhealth, shall act as a member of the commission while holding anotherelective or appointive office either state or federal.

(e) A member may be removed under IC 25-1-6.5-4.SECTION 118. IC 25-28.5-1-9 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 9. The secretary shallcall all meetings of the commission as directed by the chairman orupon request in writing by two (2) members, and at such time andplaces, within the state of Indiana as the commission business mayrequire. Sufficient notice shall be given to permit members to attend allmeetings. The presence of four (4) members of the commission inattendance at a commission meeting subject to notice as hereinrequired, shall constitute a quorum for the transaction of commissionbusiness. A quorum of the board consists of a majority of theappointed members. Meetings of the commission may be heldpursuant to written waiver of notice signed by all the members of thecommission. A record shall be kept of all proceedings at meetings andof the vote taken on each act or transaction of the commission, and amajority vote of all members shall be required to bind the commission.

SECTION 119. IC 25-29-2-2 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. (a) The boardconsists of six (6) five (5) members appointed by the governor.

(b) Subject to IC 25-1-6.5-3, four (4) members must be licensedpodiatrists who actively practice podiatric medicine and who meet thefollowing conditions:

(1) Be licensed in Indiana as a podiatrist under this article.(2) Be a resident of Indiana.(3) Have practiced podiatric medicine for at least five (5) years.

(c) Two (2) members Subject to IC 25-1-6.5-3, one (1) member ofthe board must meet the following conditions:

(1) Be a resident of Indiana.(2) Not be associated with the practice of podiatry other than asa consumer.

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SECTION 120. IC 25-29-2-3 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. A member of theboard serves a term:

(1) if appointed before July 1, 2019, of three (3) years and untilthe member's successor is appointed and qualified; and(2) if appointed after June 30, 2019, a term under IC 25-1-6.5.

SECTION 121. IC 25-29-2-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. (a) The governormay remove a member of the board after a hearing conducted underIC 4-21.5-3 for incompetency, neglect of duty, or for unprofessionalconduct. under IC 25-1-6.5-4.

(b) A vacancy in the membership of the board shall be filled byappointment by the governor for the unexpired term.

SECTION 122. IC 25-29-2-5 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 5. A quorum of theboard consists of four (4) members. A quorum of the board consistsof a majority of the appointed members. At least four (4) three (3)votes are necessary for the board to take official action.

SECTION 123. IC 25-30-1-5.2, AS ADDED BY P.L.185-2007,SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 5.2. (a) The private investigator and securityguard licensing board is established.

(b) The board consists of:(1) the superintendent of the state police department or thesuperintendent's designee; and(2) subject to IC 25-1-6.5-3, the following six (6) four (4)members appointed by the governor: from different geographicregions of Indiana as determined by the governor:

(A) Two (2) individuals One (1) individual who are isassociated with a private investigator firm licensed under thisarticle.(B) Two (2) individuals One (1) individual who are isassociated with a security guard agency licensed under thisarticle.(C) One (1) local law enforcement official.(D) One (1) person who is not associated with the privateinvestigator firm or security guard agency other than as aconsumer.

(c) Each member of the board appointed by the governor shall servea term of two (2) years. under IC 25-1-6.5.

(d) The governor may remove a board member appointed by thegovernor for incompetency or failure to perform the member's duties

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under this chapter. under IC 25-1-6.5-4.(e) A vacancy in the membership of the board shall be filled by

appointment by the governor for the unexpired term. underIC 25-1-6.5.

(f) Each member of the board who is not a state employee is entitledto the minimum salary per diem provided by IC 4-10-11-2.1(b). Eachmember of the board is entitled to reimbursement for travelingexpenses and other expenses actually incurred in connection with themember's duties, as provided in the state travel policies and proceduresestablished by the Indiana department of administration and approvedby the budget agency.

SECTION 124. IC 25-30-1-6.5, AS ADDED BY P.L.185-2007,SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 6.5. (a) The board shall meet upon the call of theboard president.

(b) Four (4) Three (3) members of the board constitute a quorum.SECTION 125. IC 25-31-1-3 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. (a) The state boardof registration for professional engineers is created.

(b) The board consists of seven (7) members, six (6) of whom shallbe registered professional engineers.

(c) Subject to IC 25-1-6.5-3, one (1) member must be appointed torepresent the general public who is:

(1) a resident of this state; and(2) not associated with professional engineering other than as aconsumer.

(d) All members of the board shall be appointed by the governor.(e) Subject to IC 25-1-6.5-3, six (6) professional engineer members

shall be appointed to the board. and shall at the time of appointmentconsist of:

(1) one (1) member from industry;(2) one (1) member from government;(3) one (1) member from education;(4) two (2) members from private practice; and(5) one (1) member at large.

(f) A person appointed as a professional engineer member of theboard must:

(1) be a citizen of the United States;(2) have been a resident of this state for a period of at least five(5) years immediately before the time of the member'sappointment;(3) be registered as a professional engineer and must have been

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engaged in the lawful practice of engineering for at least twelve(12) years; and(4) have been in responsible charge of engineering work orengineering teaching for at least five (5) years.

To the extent possible, the governor shall appoint members to theboard who serve or have served in diverse areas of professionalpractice.

(g) Every member of the board shall be appointed for a term of four(4) years and shall serve until the member's successor is appointed andqualified. under IC 25-1-6.5.

(h) Every member of the board shall receive a certificate ofappointment from the governor, and, before beginning the member'sterm of office, file with the secretary of the board a written oath oraffirmation for the faithful discharge of the member's official duties.

(i) The governor may remove any member of the board at any timefor incompetency, neglect of duty, or for unprofessional conduct.under IC 25-1-6.5-4.

(j) Any vacancy which may occur in the membership of the board,at any time, shall be filled by appointment by the governor for theunexpired term.

SECTION 126. IC 25-33-1-3, AS AMENDED BY P.L.197-2007,SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 3. (a) There is created a board to be known as the"state psychology board". The board shall consist of seven (7) five (5)members appointed by the governor.

(b) Six (6) Subject to IC 25-1-6.5-3, four (4) of the board membersshall be licensed under this article and shall have had at least five (5)years of experience as a professional psychologist prior to theirappointment.

(c) Subject to IC 25-1-6.5-3, the seventh fifth member shall beappointed to represent the general public, must be a resident of thisstate, must never have been credentialed in a mental health profession,and must in no way be associated with the profession of psychologyother than as a consumer.

(d) All members shall:(1) if appointed before July 1, 2019, be appointed for a term ofthree (3) years; and(2) if appointed after June 30, 2019, be appointed underIC 25-1-6.5. All members may serve until their successors areduly appointed and qualified. A vacancy occurring on the boardshall be filled by the governor by appointment. The member soappointed shall serve for the unexpired term of the vacating

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member.(e) A member may be removed under IC 25-1-6.5-4.(f) Each member of the board is entitled to the minimum salary per

diem provided by IC 4-10-11-2.1(b). Such a member is also entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the state budget agency.

(b) (g) The members of the board shall organize by the election ofa chairman and a vice chairman from among its membership. Suchofficers shall serve for a term of one (1) year. The board shall meet atleast once in each calendar year and on such other occasions as itconsiders necessary and advisable. A meeting of the board may becalled by its chairman or by a majority of the members on the board.Four (4) members of the board constitute a quorum. A quorum of theboard consists of a majority of the appointed members. A majorityof the quorum may transact business.

(c) (h) The board is empowered to do the following:(1) Establish reasonable application, examination, and renewalprocedures and set fees for licensure under this article. However,no fee collected under this article shall, under any circumstances,be refunded.(2) Adopt and enforce rules concerning assessment of costs indisciplinary proceedings before the board.(3) Establish examinations of applicants for licensure under thisarticle and issue, deny, suspend, revoke, and renew licenses.(4) Subject to IC 25-1-7, investigate and conduct hearings, uponcomplaint against individuals licensed or not licensed under thisarticle, concerning alleged violation of this article, underprocedures conducted in accordance with IC 4-21.5.(5) Initiate the prosecution and enjoinder of any person violatingthis article.(6) Adopt rules which are necessary for the proper performanceof its duties, in accordance with IC 4-22-2.(7) Establish a code of professional conduct.

(d) (i) The board shall adopt rules establishing standards for thecompetent practice of psychology.

(e) (j) All expenses incurred in the administration of this articleshall be paid from the general fund upon appropriation being made inthe manner provided by law for the making of such appropriations.

(f) (k) The bureau agency shall do the following:(1) Carry out the administrative functions of the board.

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(2) Provide necessary personnel to carry out the duties of thisarticle.(3) Receive and account for all fees required under this article.(4) Deposit fees collected with the treasurer of state for deposit inthe state general fund.

(g) (l) This section may not be interpreted to prevent a licensed orcertified health care professional from practicing within the scope ofthe health care professional's:

(1) license or certification; and(2) training or credentials.

SECTION 127. IC 25-34.1-2-1 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 1. (a) The Indiana realestate commission is created.

(b) The commission consists of the following:(1) Nine (9) district members. Each Indiana congressional districtmust be represented by one (1) individual appointed under thissubdivision.(2) One (1) real estate member at large.(3) Two (2) citizen members at large.

A member described in subdivision (1) must be a resident of therepresented district for not less than one (1) year. A member describedin subdivision (1) or (2) must have engaged in business as a licensebroker for not less than five (5) years. Citizen members at large shallbe appointed to represent the general public, must be residents ofIndiana, and must have never been associated with the real estatebusiness in any way other than as a consumer.

(c) Each member of the commission shall be appointed by thegovernor and shall serve a four (4) year term. If a successor has notbeen appointed, the current member shall serve until a successor isappointed and qualified. If a vacancy occurs on the commission, thegovernor shall appoint an individual to serve the unexpired term of theprevious member and until a successor is appointed and qualified.under IC 25-1-6.5.

(d) A member of the commission may not hold a state or federalelective office.

(e) A member may be removed under IC 25-1-6.5-4.SECTION 128. IC 25-34.1-8-2 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. (a) The boardconsists of seven (7) five (5) members appointed by the governor asfollows:

(1) Five (5) Subject to IC 25-1-6.5-3, three (3) members who arereal estate appraisers:

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(A) who are licensed or certified under this article;(B) who have at least five (5) years experience as real estateappraisers; and(C) at least three (3) one (1) of whom are is a certifiedappraisers. appraiser.

(2) Subject to IC 25-1-6.5-3, one (1) representative whorepresents lenders qualified to:

(A) make Federal Housing Administration insured loans andVeterans Administration guaranteed loans; and(B) sell loans to the Federal National Mortgage Associationand the Federal Home Loan Mortgage Corporation.

(3) Subject to IC 25-1-6.5-3, one (1) member who is notassociated with the real estate business in any way other than asa consumer.

(b) When making appointments under subsection (a), the governorshall consider the geographic areas represented on the board. Amember may be removed under IC 25-1-6.5-4.

SECTION 129. IC 25-34.1-8-3 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. Each board memberserves for a term of four (4) years. under IC 25-1-6.5.

SECTION 130. IC 25-34.1-8-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. (a) The board musthave a quorum to transact business.

(b) Four (4) members of the board constitute a quorum. A quorumof the board consists of a majority of the appointed members.

SECTION 131. IC 25-34.1-8-5 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 5. The affirmative voteof four (4) three (3) members of the board is required for the board totake action.

SECTION 132. IC 25-34.5-2-2 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 2. (a) Subject toIC 25-1-6.5-3, the committee consists of five (5) members to beappointed by the governor as follows:

(1) At least two (2) practitioners.(2) At least one (1) physician licensed under IC 25-22.5 who isfamiliar with the practice of respiratory care.(3) At least one (1) member who:

(A) is a resident of Indiana; and(B) is not associated with the practice of respiratory care inany way, other than as a consumer.

(b) Each practitioner appointed to the committee must:(1) be a practitioner meeting the requirements of this article;

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(2) have had not less than three (3) years experience in the actualpractice of respiratory care immediately preceding appointment;and(3) be a resident of Indiana and actively engaged in Indiana in thepractice of respiratory care while serving as a member of thecommittee.

SECTION 133. IC 25-34.5-2-3 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. The governor shallmake each appointment to the committee as follows:

(1) For an appointment before July 1, 2019, for a term of three(3) years.(2) For an appointment after June 30, 2019, for a term underIC 25-1-6.5.

SECTION 134. IC 25-34.5-2-4 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 4. A member of thecommittee may be removed by the governor without cause. underIC 25-1-6.5-4.

SECTION 135. IC 25-35.6-2-1, AS AMENDED BY P.L.168-2016,SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 1. (a) There is established the speech-languagepathology and audiology board.

(b) The board shall be comprised of six (6) five (5) members, whoshall be appointed by the governor. Five (5) Subject to IC 25-1-6.5-3,four (4) board members shall have been residents of this state for atleast one (1) year immediately preceding their appointment and shallhave been engaged in rendering services to the public, teaching, orresearch in speech-language pathology or audiology for at least five (5)years immediately preceding their appointment. At least two (2) boardmembers shall be speech-language pathologists and at least two (2)shall be audiologists. with the fifth member being either aspeech-language pathologist or audiologist. At least one (1) of thesefive (5) members must be engaged in an active private practice ofspeech-language pathology or audiology. Subject to IC 25-1-6.5-3, thesixth fifth member of the board, to represent the general public, shallbe a resident of this state who has never been associated withspeech-language pathology or audiology in any way other than as aconsumer. Except for the member representing the general public, allboard members shall at all times be holders of active and valid licensesfor the practice of speech-language pathology or audiology in this state.

(c) The governor shall also appoint one (1) nonvoting advisor, whomust be a licensed physician and board certified in otolaryngology, toserve a four (4) year term of office on the board. A member may be

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removed under IC 25-1-6.5-4.(d) Appointments shall be: for three (3) year terms, with no person

being eligible to serve more than two (2) full consecutive terms. Termsshall begin on the first day of the calendar year and end on the last dayof the calendar year, except for the first appointed members, who shallserve through the last calendar day of the year in which they areappointed before commencing the terms prescribed by this subsection.Any member of the board may serve until the member's successor isappointed and qualified under this chapter.

(1) for members appointed before July 1, 2019, for a threeyear term; and(2) for members appointed after June 30, 2019, for a termunder IC 25-1-6.5.

(e) The governor may consider, but shall not be bound to accept,recommendations for board membership made by a statewideassociation for speech-language and hearing. A statewide associationfor speech-language and hearing may submit to the governor itsrecommendations for board membership not less than sixty (60) daysbefore the end of each calendar year. after a vacancy. In the event ofa mid-term vacancy, such association may make recommendations forfilling such vacancy.

(f) At the first meeting of the board each year, members shall electa chairperson for the subsequent twelve (12) month period. Furthermeetings may be convened at the call of the chairperson or the writtenrequest of any two (2) board members. All meetings of the board shallbe open to the public, except that the board may hold closed sessionsto prepare, approve, grade, or administer examinations or, upon requestof an applicant who fails an examination, to prepare a responseindicating any reason for the applicant's failure. All meetings of theboard must be held in Indiana.

(g) Four (4) members of the board constitute a quorum. A quorumof the board consists of a majority of the appointed members. Amajority of the quorum may transact business.

SECTION 136. IC 25-35.6-2-3 IS AMENDED TO READ ASFOLLOWS [EFFECTIVE JULY 1, 2019]: Sec. 3. (a) The board mayutilize employees provided by the health professions bureau Indianaprofessional licensing agency as necessary.

(b) The board shall adopt a seal by which it shall authenticate itsproceedings. Copies of the proceedings, records, and acts of the board,and certificates purporting to relate the facts concerning suchproceedings, records, and acts, that are signed by the chairman or theexecutive secretary and authenticated by the seal, shall be prima facie

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evidence in all courts of this state.(c) Under no circumstances shall the total amount of expenditures

incurred by the board exceed the amount of the fees collected asprovided in this chapter.

SECTION 137. IC 25-38.1-2-1, AS AMENDED BY P.L.78-2017,SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 1. (a) The Indiana board of veterinary medicalexaminers is established.

(b) Subject to IC 25-1-6.5-3, the board consists of seven (7)members appointed by the governor.

(c) One (1) of the board members must be a registered veterinarytechnician.

(d) One (1) of the board members must be appointed to representthe general public.

(e) Not more than four (4) board members may be affiliated with thesame political party.

(f) If there is a vacancy on the board, the governor shall appoint asuccessor to complete the unexpired term. A board member may beremoved under IC 25-1-6.5-4.

SECTION 138. IC 25-38.1-2-2, AS AMENDED BY P.L.78-2017,SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVEJULY 1, 2019]: Sec. 2. The term of each member of the board is four(4) years beginning on September 1 of the appropriate year of themember's appointment. Each member shall serve until the member'ssuccessor is appointed and qualified. Members of the board may beappointed for more than one (1) term, but an individual may not be amember of the board for more than eight (8) years out of any twelve(12) year period. established under IC 25-1-6.5.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date: Time:

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